Jurisdiction, Venue, and Forum

Jurisdiction

Personal Jurisdiction

Personal Jurisdiction

Personal Jurisdiction

Personal jurisdiction requires that the defendant have sufficient contacts with the forum such that exercising authority comports with due process. General jurisdiction permits any claim where the defendant is at home, while specific jurisdiction is limited to claims arising from forum contacts.

Unlike subject-matter jurisdiction, it may be waived by consent, appearance, or failure to raise it timely.

Alternative Names:

In Personam Jurisdiction, Jurisdiction Over the Person

Why it Matters?

Following Daimler and Bristol-Myers Squibb, general jurisdiction over corporations is largely confined to the state of incorporation and principal place of business, which substantially narrowed forum options for plaintiffs. That has made specific jurisdiction the operative question in most cases and turned the relatedness inquiry, whether the claim arises from or relates to forum contacts, into a frequently dispositive issue in product and mass tort litigation.

Frequently asked questions

Where is a corporation subject to general jurisdiction?

Can personal jurisdiction be waived?