Review of personal jurisdiction: specific jurisdiction and general jurisdiction UPDATE: On January 14, 2014, the Supreme Court issued Daimler AG v. Bauman, http://www.supremecourt.gov/opinions/13pdf/11-965_1qm2.pdf. This opinion somewhat changes the analysis of general jurisdiction that is included in this video. The Court affirmed Goodyear’s standard that general jurisdiction should not be exercised over a foreign corporation unless its “affiliations with the State are so ‘continuous and systematic’ as to render [it] essentially at home in the forum State.” It went a bit further than Goodyear, though, and implied that it would be difficult to show that a corporation was “at home in the forum State” unless it was incorporated or had its principal place of business in the State. In footnote 19, the Court held that possibility open for “an exceptional case”: “We do not foreclose the possibility that in an exceptional case, see, e.g., Perkins, described supra, at 10–12, and n. 8, a corporation’s operations in a forum other than its formal place of incorporation or principal place of business may be so substantial and of such a nature as to render the corporation at home in that State. But this case presents no occasion to explore that question, because Daimler’s activities in California plainly do not approach that level.” Also, given the Court’s indication that “general jurisdiction” would mainly apply to states in which the corporation was incorporated or had its principal place of business, the Court stated that the five “fairness and reasonableness” factors from World-Wide Volkswagen would not apply to the due process analysis of general jurisdiction. Then, on February 25, 2014, the Supreme Court decided Walden v. Fiore, No. 12-574, http://www.supremecourt.gov/opinions/13pdf/12-574_8mj9.pdf. This case is another example of a due process analysis of specific jurisdiction in the context of an intentional tort (here, an alleged civil rights violation). It does not fundamentally change (I don’t think) the analysis in this video.

• published: 26 Oct 2013
• views: 9108