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Legal Memorandum: Long-arm Statute in VI

Issue: What is the proper reach of the Virgin Islands’ long-arm statute?

Area of Law: Litigation & Procedure
Keywords: Long-arm statute; Personal jurisdiction over a non-resident; Conduct
Jurisdiction: Federal, Virgin Islands
Cited Cases: 657 F.2d 9; 954 F.2d 141
Cited Statutes: 5 V.I.C. § 4903; V.I.C. § 4903(a)(1), (4), (5)
Date: 03/01/2008

The Virgin Islands long-arm statute provides in pertinent part that a Virgin Islands court may exercise personal jurisdiction over a non-resident based on the non-resident’s conduct.

(a) A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a claim for relief arising from the person’s

 

(1) transacting any business in this territory;

 

(2) contracting to supply services or things in this territory;

 

(3) causing tortious injury by an act or omission in this territory;

 

(4) causing tortious injury in this territory by an act or omission outside this territory if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this territory;

 

(5) having an interest in, using, or possessing real property in this territory; or

 

(6) contracting to insure any person, property, or risk located within this territory at the time of contracting.

.  .  .

 

(b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against him.