Also known as: forum states
Written by attorneys · grounded in primary & secondary sources — see below
The state in which a suit is filed.
Select any source to read its text and confirm it supports the definition.
Fusion Power sold components exclusively to a Spanish distributor without any advertising or agents in State R. After a product failure injured a local user, the distributor filed an indemnity claim against Fusion Power in State R court. The court dismissed the claim because Fusion Power had not targeted State R specifically and the fairness factors weighed heavily against jurisdiction over the foreign parties.
Felicia Fuentes managed a Delaware fund that operated only in New York and New Jersey. While changing planes in State R, she was served with process in a State R suit brought by an out-of-state investor. The court denied her motion to dismiss because personal service while physically present in State R established in personam jurisdiction even though the claim was unrelated to her brief visit.
Forrest Falconer published defamatory statements online that he knew would reach readers in State R. A State R resident sued him there for defamation. The court upheld jurisdiction because Falconer had expressly aimed his conduct at State R and knew the harm would be suffered there.
Fisher Foods advertised extensively in State R, maintained dealerships there, and sold replacement parts to State R customers. A State R buyer sued Fisher Foods in State R for injuries caused by one of its products purchased elsewhere. The court found specific jurisdiction proper because the claim related to Fisher Foods' deliberate exploitation of the State R market.
Faith Fitzgerald contracted with a State R company only after the company initiated negotiations and shipped goods to her in another state. When the State R company sued her in State R, the court dismissed for lack of jurisdiction because Faith Fitzgerald had not purposefully availed herself of State R law.
Freeman Engineering sold turbines only to a foreign buyer that resold them throughout North America. After a turbine failed in State R, a State R plaintiff sued Freeman Engineering there. The court granted dismissal because Freeman Engineering had not specifically targeted State R beyond placing goods in the general stream of commerce.
The forum state is the state whose courts are hearing the suit. Its long-arm statute and the Due Process Clause together determine whether the court may exercise jurisdiction over a nonresident defendant.
Supporting sources
No. Mere placement of a product into the stream of commerce with awareness that it might reach the forum state is not by itself a sufficient basis for personal jurisdiction.
Supporting sources
Yes. Transient or tag jurisdiction permits a forum state court to exercise in personam jurisdiction over a defendant who is personally served while present in the state, even if the presence is brief and the claim is unrelated to that presence.
Supporting sources
…95 U. S., at 720, Pennoyer sharply limited the availability of in personam jurisdiction over defendants not resident in the forum State. If a nonresident defendant could not be found in a State, he could not be sued there. On the other hand, since the State in which property was located was considered to have exclusive…