Issue: What types of personal jurisdiction may be exercised over a non-resident defendant?
| Area of Law: | Litigation & Procedure |
| Keywords: | Personal jurisdiction types; Non-resident defendant |
| Jurisdiction: | Federal |
| Cited Cases: | 433 U.S. 186; 154 F.3d 712; 466 U.S. 408; 916 F.2d 1239; 836 F.2d 341 |
| Cited Statutes: | None |
| Date: | 07/01/2001 |
Two types of jurisdiction may be exercised over a nonresident defendant–specific personal jurisdiction or general personal jurisdiction. See Helicopteros Nationales de Columbia, S.A. v. Hall, 466 U.S. 408, 414, 414 nn.8-9 (1984).
“In order to establish specific personal jurisdiction over a defendant, the defendant must have purposefully established contact with the forum state and the basis of the lawsuit must arise out of these contacts.” Anthem Ins. Cos. v. Tenet Healthcare Corp., 730 N.E.2d 1227, 1235 (Ind. 2000) (citing Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985). See also Steel Warehouse, Inc. v. Leach, 154 F.3d 712, 715 (7th Cir 1998) (“Specific jurisdiction cannot lie without a connection between the defendants’ [forum state] activity and the claims alleged in the complaint.”); Saylor v. Dyniewski, 836 F.2d 341, 344 (7th Cir. 1988) (“Specific jurisdiction turns on a particularized assessment of the ‘relationship among the defendant, the forum, and the litigation.'”) (quoting Shaffer v. Heitner, 433 U.S. 186, 294 (1977)).
“In order to establish general personal jurisdiction, the court must find continuous and systematic contacts with the forum state such that the defendant could reasonably foresee being haled into court in that state for any matter.” Anthem Ins., 730 N.E.2d at 1234. See also Wilson v. Humphreys (Cayman) Ltd., 916 F.2d 1239, 1244 (7th Cir. 1990) (court may exercise “general jurisdiction” over the defendant if he or she has “continuous […]