Also known as: forum interest · forum's interest · forum non conveniens interest · choice of law interest
Written by attorneys · grounded in primary & secondary sources — see below
A factor in the due process analysis for exercising personal jurisdiction that measures the forum state's stake in resolving a given dispute. Courts weigh this interest against the burden on the defendant and other fairness considerations to determine whether jurisdiction comports with traditional notions of fair play and substantial justice. A minimal forum interest in a foreign-to-foreign indemnity claim can render jurisdiction unreasonable even when some contacts exist.
Méditech, a French company, impleads StahlMed, a German manufacturer, for indemnity on a supply contract formed and performed entirely in Europe. The underlying product claim arose from surgery in the forum state, but the indemnity action involves only the two foreign firms. The forum state's interest in the collateral contractual dispute is slight, so the court grants StahlMed's motion to dismiss for lack of personal jurisdiction.
A foreign component maker sells parts that enter the stream of commerce and reach the forum state. The forum has an interest in the underlying injury, yet that interest is slight once the claim is reframed as an indemnity action between two foreign corporations. The court therefore dismisses for lack of personal jurisdiction under the fair-play prong.
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A regional distributor sells a vehicle in one state that later causes injury in the forum state. The manufacturer had no direct sales or marketing there. The forum's interest in the accident is real, yet the court holds that this interest alone does not justify jurisdiction over the distant seller when minimum contacts are absent.
A U.S. plaintiff attempts to hale a foreign parts manufacturer into the forum court on an indemnity theory after an accident in the forum. The manufacturer’s only link is placement of goods into the stream of commerce. Because the forum’s interest in the indemnity claim itself is minimal, the severe burden on the defendant renders jurisdiction unreasonable.
When the forum state's interest in adjudicating a dispute is slight, as in a foreign-to-foreign indemnity claim, that factor weighs heavily against jurisdiction under the fair-play-and-substantial-justice test. The burden on the foreign defendant then becomes decisive and jurisdiction is unreasonable.
Supporting sources
No. The forum may have a strong interest in the original injury claim, but that interest does not transfer to a separate contractual indemnity dispute between two foreign corporations. Due process analysis is claim-specific, so the forum's stake in the indemnity action remains minimal.
Supporting sources
…nominal defendants, and second because the burden on the nominal defendant is sufficiently slight. B In No. 78-1078, the interest of the forum State and its connection to the litigation is strong. The automobile accident underlying the litigation occurred in Oklahoma. The plaintiffs were hospitalized in Oklahoma when they brought…