Legal Memorandum: IN Long-arm Statute

Issue: Whether Indiana’s long-arm statue allows the exercise of jurisdiction for doing any business in the state, or for a tortious act done within the state?

Area of Law: Litigation & Procedure
Keywords: Jurisdiction over a nonresident; Long-arm statue
Jurisdiction: Indiana
Cited Cases: 730 N.E.2d 1227
Cited Statutes: Ind. Tr. R. 4.4(A)
Date: 07/01/2001

Indiana’s long-arm statute lists eight categories of contacts that may be a basis for jurisdiction over a nonresident.  In relevant part, Rule 4.4(A) provides:

Any person . . . that is a nonresident of this state . . . submits to the jurisdiction of the courts of this state as to any action arising from the following acts committed by him or her or his or her agent:

(1) doing any business in this state;

(2) causing personal injury or property damage by an act or omission done within this state; . . .

Ind. Tr. R. 4.4(A).

If a plaintiff cannot successfully assert any basis on which Indiana’s long-arm statute can be satisfied, personal jurisdiction is lacking and the action must be dismissed in its entirety.  See Anthem Ins. Cos. v. Tenet Healthcare Corp., 730 N.E.2d 1227, 1231 (Ind. 2000).

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