Also known as: purposefully avail · purposeful availment · purposefully availed · purposefully availing
Written by attorneys · grounded in primary & secondary sources — see below
An act by which a nonresident defendant directs its activities toward a forum state so as to invoke the benefits and protections of that state's laws. The act must be the defendant's own affirmative choice rather than the unilateral conduct of a third party. This requirement supplies the minimum contacts needed for specific personal jurisdiction under the Due Process Clause.
A Delaware trust company receives assets from a Florida settlor who later exercises a power of appointment while living in Florida. The company never solicits business in Florida, maintains no office there, and performs all trust administration in Delaware. When the settlor's heirs sue in Florida, the court finds no purposeful availment because the company's only connection arises from the unilateral actions of the settlor.
A New York automobile distributor sells a vehicle to a New York buyer who later drives the car to Oklahoma and causes an accident there. The distributor maintains no advertising, dealers, or service network in Oklahoma. When the injured party sues in Oklahoma, the court holds that the distributor did not purposefully avail itself of Oklahoma because the product's presence resulted solely from the buyer's independent travel.
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A Michigan resident negotiates a twenty-year franchise agreement with a Florida corporation through repeated calls and mail directed to the corporation's Florida headquarters. The agreement requires the resident to make monthly payments to Florida and submit to Florida audits. When the corporation sues in Florida for breach, the court finds purposeful availment because the resident deliberately reached into Florida to create an ongoing commercial relationship.
A New York father consents to his daughter living with her mother in California during the school year under a separation agreement. The father never visits California, sends no support payments there, and conducts no business in the state. When the mother seeks increased child support in California, the court finds no purposeful availment because the father's limited consent does not constitute an act targeting California.
A California company operates a website that accepts reservations, posts driving directions, and markets proximity specifically to Pennsylvania travelers. Pennsylvania residents book rooms through the site and later sue in Pennsylvania for injuries sustained at the property. The court finds purposeful availment because the website's interactive features and Pennsylvania-specific content demonstrate deliberate targeting of the forum market.
A foreign tire manufacturer sells tires exclusively to a national distributor that resells them across the United States, including in North Carolina. Two North Carolina residents die in an accident involving the tires. The court finds no purposeful availment because the manufacturer never advertised, designed products, or maintained distribution channels aimed specifically at North Carolina.
No. A contract with a resident is insufficient by itself. The defendant must engage in additional conduct showing deliberate targeting of the forum, such as repeated negotiations directed at the forum or ongoing performance obligations tied to the forum.
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No. Mere awareness or foreseeability that a product may enter the forum through the unilateral acts of a distributor or consumer is not enough. The defendant must take affirmative steps to serve or target the specific forum market.
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Repeated, targeted remote communications such as emails, calls, and customized reports directed exclusively at a forum resident can demonstrate purposeful availment when they create a substantial ongoing commercial relationship. Isolated or incidental contacts do not suffice.
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No. Consent to a child's temporary residence for family reasons, without more, does not amount to purposeful availment of the forum's benefits and protections. Such limited contact is insufficient to support personal jurisdiction over the parent.
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…with the State. Their decision to incorporate in Delaware was a matter of corporate law convenience and did not constitute purposeful availment of the privilege of conducting activities in Delaware. B The quasi in rem theory is equally unavailing. Under this theory, the Delaware courts asserted jurisdiction because the suit was…