Also known as: in personam jurisdictions · personal jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's authority to render a binding judgment against a particular defendant founded on the defendant's presence or contacts within the forum on consent or on statutory grounds such as long-arm jurisdiction.
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Ivan Ivanov sues Infinity Bank in federal court for breach of a loan agreement. Infinity Bank moves under Rule 12(b)(2) asserting that the court lacks authority over it because the bank has no contacts with the forum state. The court must decide whether to dismiss the action before reaching the merits.
Icarus Aviation manufactures a valve in Japan and sells it to a Taiwanese tire maker that incorporates the valve into tubes sold nationwide. A tube fails in California injuring a resident. Icarus moves to dismiss the indemnity claim arguing that mere awareness the product might reach California does not create jurisdiction and that the burdens on the foreign defendant make jurisdiction unreasonable.
Ike Ingram files suit against Interlink Communications in a district where no defendant resides and no substantial events occurred. Because no other venue provision applies the court may still hear the case in any district where Interlink is subject to personal jurisdiction with respect to the action.
Isabella Ingram obtains a divorce decree in State A without personal jurisdiction over her absent spouse Ike. She later seeks maintenance in State B. The court may award maintenance only after finding that Isabella lacks sufficient property for her reasonable needs and cannot support herself through appropriate employment.
Ines Ibarra seeks a child-custody order in State C after the child has moved to State D. The court determines that physical presence of the child or personal jurisdiction over Ines is neither necessary nor sufficient to make the custody determination.
Ilana Isaacs files a support petition in State E against the child's father who now lives in State F. She may file directly in a tribunal of State F that has or can obtain personal jurisdiction over the father or route the petition through an initiating tribunal.
A defendant must raise the defense of lack of personal jurisdiction by motion under Rule 12(b)(2) before filing a responsive pleading or include it in the responsive pleading if no motion is made. Failure to do so waives the defense.
Mere placement of a product into the stream of commerce even with awareness that it may reach the forum state is not alone a clearly sufficient basis for personal jurisdiction.
…of in personam actions. In International Shoe Co. v. Washington , 326 U. S. 310 (1945), we held that a state may exercise personal jurisdiction over a nonresident defendant only if the defendant has “minimum contacts” with the state “such that the maintenance of the suit does not offend ‘traditional notions of fair play and…
…Miami. The Michigan franchisee defaulted on its payments, and Burger King sued in federal court in Florida. Rudzewicz contested personal jurisdiction on the ground that he had no contacts with Florida other than the franchise agreement itself. The District Court held that the court had
…employed by JUSTICE SCALIA's opinion today. See Bernstine, Shaffer v. Heitner: A Death Warrant for the Transient Rule of In Personam Jurisdiction
…and now reverse. II A The Due Process Clause of the Fourteenth Amendment limits the power of a state court to exert personal jurisdiction
…U.S. 155. Cheever v. Wilson held that a decree of divorce granted by a state in which one spouse was domiciled and which had personal jurisdiction over the other was as conclusive in other states as it was in the state where it was obtained. Atherton v. Atherton held that full faith and credit must be given a decree of divorce…
If there is no district in which an action may otherwise be brought any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action may serve as venue.
A court may grant maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to provide for reasonable needs and is unable to support himself through appropriate employment or is the custodian of a child whose condition makes outside employment inappropriate.
Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child-custody determination.
A petitioner may file a petition in an initiating tribunal for forwarding to a responding tribunal or file directly in a tribunal of another state that has or can obtain personal jurisdiction over the respondent.