Also known as: state courts
Written by attorneys · grounded in primary & secondary sources — see below
A judicial body established by a state government to adjudicate disputes arising under state law and such federal matters as Congress permits. State courts possess general jurisdiction unless a federal statute or constitutional provision confers exclusive authority on federal courts.
Sebastian Santos and three nonresident plaintiffs sued a pharmaceutical company in a State A state court for injuries from a defective drug. The company had marketed the drug heavily in State A and caused injury to one resident plaintiff there. The state court dismissed the nonresident claims for lack of specific personal jurisdiction because those plaintiffs suffered no in-forum injury and the company had no forum-related activity tied to their claims.
Samantha Stone, a citizen of State B, sued Silverline Industries, a citizen of State C, in a State B state court for breach of a supply contract. Silverline filed a notice of removal in the federal district court for the district embracing the state court, asserting diversity jurisdiction and attaching all process and pleadings served in the state action.
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Spencer Silver faced criminal charges in a State D state court. The prosecutor subpoenaed his wife to testify about events during their marriage. The state court sustained the husband's invocation of spousal immunity because, under State D law, the party spouse holds the privilege and may prevent the witness spouse from testifying even if she wishes to do so.
Sean Steele, a citizen of State E, was served with process while briefly visiting State F on business. A State F state court exercised in personam jurisdiction over him in a tort suit arising from conduct in State E. The court upheld jurisdiction solely because of his physical presence and personal service within the forum.
Stephen Shaw sued Skyline Construction in a State G state court for construction defects. Skyline filed a notice of removal in the federal district court for the district embracing the state court within thirty days of service, signed under Rule 11 and accompanied by copies of all process, pleadings, and orders served in the state action.
Solomon Silver sued Sapphire Holdings in federal court under diversity jurisdiction for a contract claim that accrued in State H. The federal court applied State H's statute of limitations and tolling rules because those rules are substantive for Erie purposes and ignoring them would produce a materially different outcome than in a State H state court.
A defendant may remove any civil action brought in state court over which the federal district courts have original jurisdiction, except where Congress has expressly provided otherwise. The defendant must file a notice of removal in the federal district court for the district embracing the place where the state action is pending.
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No. For specific personal jurisdiction, a state court must find a connection between the forum and each plaintiff's claim. It cannot exercise jurisdiction over nonresident plaintiffs' claims that lack forum-related activity or in-forum injury even if the defendant is subject to jurisdiction as to resident plaintiffs' similar claims.
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Yes. A state court may exercise in personam jurisdiction over a defendant personally served with process while physically present in the forum state, even if the presence is brief and the cause of action is unrelated to that presence.
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…longer be justified by any state interest. There is some scholarly support for this view of original purpose.[^maj-47] The few state courts called upon to interpret their laws in the late 19th and early 20th centuries did focus on the State's interest in protecting the woman's health rather than in preserving the embryo and…