Also known as: Fed. R. Civ. P. 12(b)(2) · Rule 12(b)(2) · 12(b)(2) · personal jurisdiction motion · lack of personal jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A defense raised by pre-answer motion asserting that the court lacks authority to exercise personal jurisdiction over the defendant.
Foxfire Biotech is sued in federal court in Illinois for alleged contract breaches arising from work performed entirely in North Carolina. The company files a motion to dismiss under Rule 12(b)(2) before serving any answer on the merits. The court must address the jurisdictional objection at the threshold rather than requiring the defendant to litigate further.
Felicia Fuentes purchases a cruise ticket containing a forum selection clause designating Florida courts. She later sues in Washington state court after an injury occurs at sea. The cruise line files a Rule 12(b)(2) motion asserting that the clause renders the Washington court an improper forum for exercising personal jurisdiction.
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Frostline Textiles, a foreign manufacturer, sells components that reach a New Jersey buyer through an independent distributor. The buyer sues in New Jersey federal court. Frostline files a Rule 12(b)(2) motion arguing that merely placing goods into the stream of commerce does not create the minimum contacts required for personal jurisdiction.
Franklin Foundry operates a website allowing users in Pennsylvania to purchase products and submit orders. A Pennsylvania resident sues in federal court there after a defective part causes injury. Franklin Foundry responds with a Rule 12(b)(2) motion contending that the level of website interactivity fails to establish purposeful availment for personal jurisdiction.
Flora Ford, a magazine publisher based in New York, distributes thousands of copies monthly into New Hampshire. A New Hampshire resident sues there for libel. The publisher files a Rule 12(b)(2) motion asserting insufficient minimum contacts despite the regular circulation of its product in the forum.
Falcon Dynamics, a foreign entity, contracts with a U.S. buyer for equipment delivered abroad. The buyer sues in federal court alleging breach. Falcon Dynamics moves under Rule 12(b)(2) to dismiss, claiming the court lacks personal jurisdiction over a foreign sovereign instrumentality with no purposeful U.S. contacts tied to the claim.
A defendant must raise lack of personal jurisdiction in a pre-answer motion or in the first responsive pleading. Failure to do so results in waiver under Rule 12(h)(1).
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Filing a counterclaim may waive the defense because it invokes the court's power for affirmative relief. The safer course is to file the Rule 12(b)(2) motion first.
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A court may transfer under 28 U.S.C. § 1404(a) even without personal jurisdiction over the defendant.
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The defense is waived and cannot be raised in a later motion or answer.
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…nor did they claim any connection between the events in Argentina and California. Daimler moved to dismiss the complaint for lack of personal jurisdiction. The District Court granted the motion, concluding that it lacked personal jurisdiction over Daimler. The Ninth Circuit reversed. It held that the District Court erred in dismissing the…