Whether a court may bind this defendant at all. Decided early, and often dispositive for an out-of-state party.
Esshaki Legal Media TeamCurrent as of May 2025
Before a court can decide a case against someone, it must have authority over
them. The analysis has two parts, and the constitutional one does most of the
work.
General jurisdiction exists where the defendant is essentially at home —
for an individual, their domicile; for a company, its place of incorporation and
principal place of business. There the court may hear any claim, related to the
forum or not.
Specific jurisdiction requires that the claim arise out of or relate to the
defendant’s contacts with the forum, that those contacts be purposeful rather
than random or the unilateral act of someone else, and that exercising
jurisdiction be reasonable.
What tends to establish it: conducting business in the state, entering
contracts to be performed there, directing conduct at residents, and consenting
by a forum-selection clause. What tends not to: a passive website
accessible everywhere, an isolated purchase, and contacts created solely by the
plaintiff.
Practical points. The objection is waived if not raised at the outset, which
makes it one of the few defenses that must be asserted immediately. And it is
frequently paired with a venue or forum non conveniens argument, since a
defendant who cannot defeat jurisdiction may still move the case somewhere more
convenient.