Also known as: exceptional case · exceptional circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A situation or set of facts that deviates markedly from the ordinary and justifies departure from a generally applicable legal rule or standard.
A solo associate at a mid-sized firm filed a complaint containing factual denials later shown to lack evidentiary support. After proper notice the court found a Rule 11 violation. Because the firm offered no proof of exceptional circumstances separating the associate's conduct from firm oversight, the court imposed the sanction jointly on the firm and the associate.
A German automaker maintained a large design center in Michigan but was incorporated and headquartered in Germany. Plaintiffs injured abroad sued in Michigan federal court for claims unrelated to the design center. The court held that substantial in-state operations alone did not create exceptional circumstances rendering the company at home in Michigan, so general jurisdiction was lacking.
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A key eyewitness to a federal fraud scheme was terminally ill and unable to travel. The defense moved under Rule 15 to take the witness's deposition. Finding exceptional circumstances and that the deposition served the interest of justice, the court granted the motion and ordered production of relevant documents at the deposition.
A Delaware corporation with its principal place of business in California operated extensive dealerships and repair facilities in New York. When sued in New York on claims arising from out-of-state conduct, the court ruled that the volume of New York business did not constitute an exceptional case making the company at home there for general jurisdiction purposes.
A jury awarded a plaintiff damages that included compensation for future lost services in a products-liability action. The trial court declined to add prejudgment interest, citing the future-loss component. On appeal the court held that the future nature of the award did not create the exceptional case required to withhold interest under the governing rule.
A state sought to enjoin a newspaper from publishing articles exposing local corruption. The Court recognized that the First Amendment generally bars prior restraints but noted that exceptional cases, such as wartime obstruction of military recruitment, could justify restraint. Because the articles concerned peacetime local governance, no such exceptional justification existed.
A court may order a deposition to preserve testimony when a witness faces serious illness, unavailability, or other circumstances that make live testimony at trial impracticable and when the deposition serves the interest of justice.
Supporting sources
Substantial business activity alone does not create general jurisdiction. Only in exceptional cases will a corporation be deemed at home outside its place of incorporation or principal place of business.
Supporting sources
A law firm is jointly responsible for a partner's Rule 11 violation unless exceptional circumstances show that the firm should not bear responsibility for the conduct.
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…55 (counsel for Citizens United stating that “we accept the Court’s decision in Wisconsin Right to Life ”). “ ‘It is only in exceptional cases coming here from the federal courts that questions not pressed or passed upon below are reviewed,’ ” Youakim v. Miller , 425 U. S. 231, 234 (1976) ( per curiam ) (quoting Duignan v.…