Also known as: in rem actions · action in rem · in rem · in rem proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A lawsuit in which a court asserts jurisdiction directly over a specific item of property to adjudicate claims or interests in that property.
Imani Idowu, a resident of State Z, sued Morgan in State Y court over an equity investment negotiated entirely outside State Y. She obtained attachment of Morgan's decommissioned servers stored in a State Y warehouse. The court dismissed for lack of jurisdiction because the servers bore no relation to the investment dispute and supplied no minimum contacts.
Ironwood Capital filed an in rem action against a vessel in federal court to enforce a maritime lien for unpaid repairs performed in a U.S. port. The court exercised jurisdiction over the ship itself and ordered its sale to satisfy the lien after confirming the vessel's presence within the district.
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Innovate Pharmaceuticals brought an in rem proceeding against a cargo ship after the vessel damaged its chemical shipment during carriage. The court arrested the ship under admiralty rules and allowed the claim to proceed directly against the res to recover for the loss.
Ismael Ibrahim owned land subject to state condemnation. The government initiated an in rem action and provided mailed notice to his known address rather than relying solely on publication. The court upheld the proceeding because direct notice satisfied due process for known owners.
Icarus Aviation sued a vessel owner in rem for cargo damage but the bill of lading contained a foreign forum selection clause. The court stayed the in rem action and enforced the clause, requiring the parties to litigate in the designated foreign court.
Irene Ingalls attached a nonresident's land in State A to collect on an unrelated debt. The court refused to exercise in rem jurisdiction because the property's mere presence did not create the contacts required for due process when the claim had no connection to the land.
An in rem action asserts jurisdiction over property itself to determine interests in that property. An in personam action asserts jurisdiction over a person to impose personal liability. Courts may allow a party to proceed in rem or in personam when both are available under maritime rules.
No. Modern due process requires minimum contacts even in property-based actions. Mere presence of unrelated property in the forum does not establish sufficient contacts when the dispute has no relation to that property.
A third-party complaint may proceed in rem when the claim falls within admiralty or maritime jurisdiction. In that event the rules substitute a warrant of arrest for a summons and treat the property as the defendant.
No. When the claim is unrelated to the property, ownership alone fails the minimum contacts test. Courts reject jurisdiction based solely on the fortuitous location of unrelated assets.
…assertion of jurisdiction over the individual defendants (appellants) in this case cannot be sustained on the basis of the in rem jurisdiction theory that the stock in the corporation was “located” in Delaware and was the subject of the lawsuit. Pp. 196-200. (a) The fiction that a court’s power to adjudicate a…