Also known as: in personam jurisdiction · 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. The authority rests 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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Jordan Jenkins sued Jackson Mutual in federal court for breach of an insurance policy. Jackson Mutual moved under Rule 12(b)(2) before answering and asserted that the court lacked authority over it because the company had no contacts with the forum. The court must decide the motion before reaching the merits of the claim.
Jung BioTech, a foreign component maker, sold parts to a tire manufacturer that later incorporated them into products sold nationwide. When an indemnity suit arose in a state where the parts ultimately reached a consumer, Jung BioTech challenged the court's authority over it. The court found the mere placement of parts into commerce insufficient to support jurisdiction.
Jorge Juarez filed suit against Jennings Forge after the events giving rise to the claim occurred outside any single district that would otherwise satisfy the venue rules. Because Jennings Forge was subject to the court's authority over it in one available district, that district became the proper place to bring the action.
Jessica Jacobs obtained a divorce decree in a state that never acquired authority over her former spouse. When she later sought maintenance in her home state, the court examined whether it could order support despite the earlier decree's jurisdictional gap.
June Jiang sought a custody order in State A after the child had moved there with one parent. The other parent remained in State B and had never appeared in State A. The court proceeded because physical presence of a party or the child was not required to make the determination.
Jacqueline Juarez filed a support petition directly in a tribunal of another state that had authority over the respondent. The initiating tribunal forwarded the petition, allowing the responding tribunal to exercise its authority over the respondent and proceed with the support action.
A defendant must raise the defense in the first responsive pleading or by a pre-answer motion under Rule 12(b)(2). Failure to do so waives the objection.
No. Mere placement into commerce, even with awareness that the product may reach the forum, is not by itself a sufficient basis for jurisdiction in personam.
…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…
The fallback applies only when no other district satisfies the residence or substantial-events rules. It then permits venue in any district where a defendant is subject to the court's authority over that defendant.
Yes, but only after the court finds that the spouse seeking maintenance lacks sufficient property and is unable to support himself or herself through appropriate employment.
No. Physical presence of a party or child is neither necessary nor sufficient to make a child-custody determination under the Uniform Act.
The petitioner may file directly in a tribunal of the responding state that has or can obtain authority over the respondent, or file in an initiating tribunal for forwarding.