Personal Jurisdiction
Origins: Amendment XIV, §1 — Due Process Clause
(§1) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Historical Personal Jurisdiction
In Rem (Property) Jurisdiction:
A state court has jurisdiction when there is in state property, proper attachment of the property, and notice to the defendant by publication or better.
In Personam (Personal) Jurisdiction:
A state court has jurisdiction when the defendant: (a) is present in the state they’re being sued in and (b) receives personal notice of service or voluntarily consents to appear.
Modern Personal Jurisdiction
Minimum Contacts Test
Due process requires that a defendant have minimum contacts with the forum state such that maintaining the suit does not offend traditional notions of fair play and substantial justice.
[1] General Personal Jurisdiction — “home court for far flung actions”
General Jurisdiction may apply even when the events that gave rise to the case took place out of state, as long as the defendant has continuous and so substantial contacts such that they are essentially at home in the venue in which the case is being brought; generally established by domicile.
[2] Specific Personal Jurisdiction — “local acts, local courts”
Contact - “Purposefully Avail”
The defendant’s contacts in the forum state must make it more than just merely foreseeable that they could be subject to suit there; they must purposefully avail themselves of the privilege of conducting activities within the forum State such that they have clear notice that they could be subject to suit there.
• World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980)
Connection - “Arises Out Of or Relates To”
The defendant’s contacts in the forum state may have either a causal connection (“arise out of”) or non-causal connection (“relates to”) to the plaintiff’s claims.
• Ford Motor Co. v. Montana’s Eighth Judicial District Court, et al., 592 U.S. 351 (2021)
Notice & Service of Process
Standard: Notice of judicial proceedings must be reasonably calculated to reach those who are known to be affected by such proceedings.
Hierarchy of Notice
[1] Personal Service
[2] Substituted Service
[3] Certified Mail
[4] Regular Mail
[5] Publication or Public Posting