Personal jurisdiction over foreign defendants in state courts is limited by state statutes and by the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution, which the Supreme Court has interpreted to require that defendants have “minimum contacts” with the forum state. Personal jurisdiction in federal courts extends in most cases only as far as the jurisdiction of the state courts of the state in which they sit. However, in limited situations governed by Federal Rule of Civil Procedure 4(k)(2) and some federal statutes, personal jurisdiction in federal courts can extend beyond the limits of state court jurisdiction. Personal jurisdiction in federal courts is limited by the Fifth Amendment’s Due Process Clause. The analysis of personal jurisdiction under the Fifth Amendment is more flexible than the "minimum contacts" analysis under the Fourteenth Amendment.
A Primer on Personal Jurisdiction
(Updated August 19, 2025) Personal jurisdiction (or “authority to adjudicate”) refers to the authority of a court to make a binding determination with respect to a person or a thing. In personam jurisdiction refers to the authority to determine the rights or obligations of a person (including a business). In rem jurisdiction refers to the…
Continue ReadingForeign States, Personal Jurisdiction, and the FSIA
A U.S. gas company has sued four Russian defendants in the Southern District of New York for seizing helium containers that the gas company had sent to Russia pursuant to a helium supply contract. One of the defendants, RusChemAlliance (RCA), moved to dismiss for lack of subject-matter jurisdiction. The case is unusual because the plaintiff…
Continue ReadingPersonal Jurisdiction in Tennis Antitrust Case
Many professional athletes compete at the international level, and some have accused the governing bodies of various sports of unlawfully restricting global competition for their services. When athletes bring antitrust claims in U.S. courts, however, it can be difficult to establish personal jurisdiction over foreign sports organizations. In a recent decision, Judge Margaret M. Garnett…
Continue ReadingSuing Cuban Instrumentalities Under the Helms-Burton Act
Under the Foreign Sovereign Immunities Act (FSIA), the agencies and instrumentalities of foreign states are generally immune from suit in U.S. courts unless one of the FSIA’s exceptions applies. But this past June, in Exxon Mobil Corp v. Corporación CIMEX, S.A. (Cuba), the Supreme Court held that the Helms-Burton Act abrogates the sovereign immunity of Cuban agencies and…
Continue Reading