Also known as: 12(b)(2) · Rule 12(b)(2) motion · FRCP 12(b)(2) · lack of personal jurisdiction · personal jurisdiction defense
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A procedural device by which a defendant asserts that the court lacks authority to exercise personal jurisdiction over the defendant. The motion must be raised at the outset of the case or the defense is forfeited under the consolidation and waiver provisions of the Federal Rules.
Ravi Reddy, a resident of State A, sues Rocky Mountain Mining in the District of State B for breach of a supply contract. The mining company has no offices, employees, or sales in State B. Rocky Mountain Mining files a pre-answer motion asserting that the court cannot exercise personal jurisdiction over it.
Riley Rivera, injured in State C, sues an out-of-state insurer in State C court. The insurer appears and immediately moves to dismiss, contending that its limited policy sales in State C do not create the required relationship with the plaintiff's claim.
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Rebecca Ross files a defamation action in State D against a national magazine whose only connection to the state is occasional circulation. The magazine responds with a motion to dismiss, arguing that the claim does not arise from any purposeful contact with State D.
Ralph Richardson, a resident of State E, is served with a support petition in State F where his former spouse now lives. He moves to dismiss, asserting that his only contacts with State F are unrelated to the support obligation.
Riverfront Developments sues a foreign central bank in federal court for breach of a letter of credit. The bank files a Rule 12(b)(2) motion, contending that the commercial-activity exception does not reach the transaction at issue.
Roberto Reyes, a Nevada resident, is sued in California by a California plaintiff who alleges injury from an encounter that began in Nevada. Reyes moves to dismiss, arguing that his contacts with California are unrelated to the claim.
A defendant must raise lack of personal jurisdiction in the first pre-answer motion or in the answer if no pre-answer motion is filed. Failure to do so waives the defense under Rules 12(g) and 12(h).
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Yes. A defendant who timely files and loses a Rule 12(b)(2) motion may proceed to the merits and still appeal the jurisdictional ruling after final judgment.
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No. Once the defendant files an answer without asserting the defense, the objection is waived and the court may not dismiss on that ground sua sponte.
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The omitted defense is waived and cannot be raised later in the answer or by separate motion.
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…nor did they claim any connection between the events in Argentina and California. Daimler moved to dismiss the complaint for lack of personal jurisdiction. The District Court granted the motion, concluding that it lacked personal jurisdiction over Daimler. The Ninth Circuit reversed. It held that the District Court erred in dismissing the…