Written by attorneys · grounded in primary & secondary sources — see below
The state in which a corporation is incorporated or maintains its principal place of business. A corporation is subject to general personal jurisdiction in that state for any claim regardless of where the claim arose.
Sources & Authorities
How it applies
Common Examples
6
Out-of-State Injury Suit
Avalon Pharmaceuticals is incorporated in Delaware with its principal place of business in New Jersey. A plaintiff injured by one of its drugs in Florida sues in Delaware. The Delaware court exercises general jurisdiction because Avalon is at home there even though the claim arose elsewhere.
Extensive Forum Sales
Alpine Mining is incorporated in Nevada and headquartered in Utah. It sells millions of tons of ore annually in Montana. A Montana resident injured in a foreign mine accident sues Alpine in Montana. The court lacks general jurisdiction because Alpine is not at home in Montana despite its substantial sales there.
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Cases
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
Atlas Ventures is incorporated in California with its principal place of business in Texas. It distributes products nationwide including regular sales in Ohio. An Ohio plaintiff injured by a product in another state sues in Ohio. The Ohio court has no general jurisdiction because Atlas is not at home in Ohio.
Corporate Charter Challenge
Artemis Logistics is incorporated in Virginia. A plaintiff seeks to challenge one of its contracts in a Virginia court for a claim arising in another state. The Virginia court may exercise general jurisdiction because Artemis is at home in its state of incorporation.
Foreign Accident Forum Choice
Anthony Arnold sues a Scottish aircraft manufacturer in Pennsylvania for an accident that occurred in Scotland. The Pennsylvania court lacks general jurisdiction because the manufacturer is at home only in its place of incorporation and principal place of business.
Car Accident Forum Dispute
Adam Anderson is injured in Oklahoma by a car sold by a New York retailer. He sues the retailer in Oklahoma. The Oklahoma court lacks general jurisdiction because the retailer is at home only in New York and is not subject to suit there for an unrelated claim.
Common questions
Frequently Asked
4
Where is a corporation at home for general jurisdiction purposes?+
A corporation is at home in its state of incorporation and the state where it maintains its principal place of business. These are the paradigm forums that support general jurisdiction over any claim.
Supporting sources
Does substantial business in a state make a corporation at home there?+
No. Even extensive sales or continuous operations in a forum do not render a corporation at home unless exceptional circumstances exist beyond ordinary business activity.
Supporting sources
Can an individual be at home for general jurisdiction?+
Yes. An individual is at home in the state of his or her domicile, which supports general jurisdiction over any claim.
Supporting sources
What is the consequence if a defendant is not at home in the forum?+
The court lacks general jurisdiction. The plaintiff must instead establish specific jurisdiction by showing that the claim arises out of or relates to the defendant's contacts with the forum.
Supporting sources
444 U.S. 286 (1980)Civil Procedure
…policy requires. Because of the ease of airline transportation, he need not lose significantly more time than if the case were at home. Consequently, if the suit went forward in Minnesota, the defendant would bear almost no burden or expense beyond what he would face if the suit were in his home State. The real impact on…