Where You Can be Sued: Unpacking Personal Jurisdiction

In this episode of American Law Café, we unpack the evolution of personal jurisdiction—how courts decide where a defendant can be sued. Personal jurisdiction doesn’t decide who wins; it decides which court has the power to hear the case. You’ll get a clear walk-through from the old territorial rule to the modern minimum contacts framework, plus what “purposeful” conduct and fair play and substantial justice really mean in practice.

🔑 Key Topics Covered:

Why Personal Jurisdiction Matters

• Ensures fairness and notice to defendants and sets constitutional limits on a state court’s reach.
• Anchors litigation to places with a meaningful connection to the defendant’s conduct.

Core Framework Today

• Two flavors:
  • General jurisdiction: defendant is “at home” (can be sued for any claim).
  • Specific jurisdiction: the claim must arise out of or relate to the defendant’s forum contacts.
• Two steps for specific jurisdiction:
  1. Purposeful availment (defendant deliberately connects with the forum), and
  2. Fair play & substantial justice (reasonableness).

The Historical Arc (Key Cases & Rules)

• Pennoyer v. Neff (1877): Strict territorial view—presence, property, or consent inside the forum.
• Hess v. Pawloski (1927): Implied consent for out-of-state motorists—driving in the state implies consent to suits from in-state accidents.
• International Shoe v. Washington (1945): The modern rule—“minimum contacts” plus fair play and substantial justice; physical presence not required if ties are sufficient and reasonable.
• McGee v. International Life Insurance Co. (1957): One purposeful contact can be enough when the claim directly arises from that contact and jurisdiction is fair.

How to Analyze a Problem (Exam/Practice Checklist)

• Identify the type of jurisdiction (general vs. specific).
• For specific:
  • What contacts did the defendant create with the forum? (ads, mailings, sales, contracts, services)
  • Did the claim arise out of or relate to those contacts?
  • Would exercising jurisdiction offend fair play and substantial justice? (burden on defendant, forum’s interest, efficiency, etc.)

🎧 Whether you’re a Law Student studying CivPro for the first time or brushing up before finals or the bar exam, this episode breaks down the principles, leading cases, and practical takeaways that shape personal jurisdiction today.

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.