Jurisdiction, Venue, and Forum
Jurisdiction
Under International Shoe, jurisdiction requires contacts such that suit does not offend traditional notions of fair play and substantial justice. The defendant must purposefully avail itself of the forum's benefits.
Unilateral activity of the plaintiff does not suffice.
Alternative Names:
Minimum Contacts Test|International Shoe Test
Why it Matters?
Purposeful availment excludes contacts created solely by the plaintiff or a third party, which is the analysis defeating jurisdiction where a product reached the forum through someone else's decision. Stream of commerce theories remain unsettled following the fractured decision in Nicastro, with courts divided on whether placing goods into distribution suffices or whether targeting the specific forum is required.
Frequently Confused with
Related terms
Frequently asked questions
What does purposeful availment exclude?
Is stream of commerce settled?
