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 ReadingEnterprise-Wide Contracts as a Basis for Personal Jurisdiction Over Foreign Parent Companies
A couple of weeks ago, I wrote about a case in which certain enterprise-wide contracts executed by a (U.S.) corporate plaintiff figured in the analysis of legislative jurisdiction. Today, I want to focus on VMware LLC v. Siemens AG, a case in which certain enterprise-wide contracts executed by a (foreign) corporate defendant figure in the…
Continue ReadingProduct Use Restrictions as a Bar to Personal Jurisdiction
Exploding lithium battery cases against Samsung SDI Company, a South Korean defendant, have raised interesting personal jurisdiction issues. Litigants have not always done a good job of advancing the strongest factual and legal arguments, as a recent decision from the Fifth Circuit, Ethridge v. Samsung, makes clear. The cases, including B.D. by & through Myers…
Continue ReadingThe Many Uses of the Choice-of-Law Clause
In prior posts, I have written about the things that a forum selection clause can and cannot do. In this post, I do the same for choice-of-law clauses. Among other things, a choice-of-law clause may be invoked to: Select a law to govern the contract and claims related to the contract; Provide support for the…
Continue Reading