Patrick J Borchers, ‘Ford Motor Co v Montana Eighth Judicial District Court and “Corporate Tag Jurisdiction” in the Pennoyer Era’, 72 Case Western Reserve Law Review 45 (2021). Personal jurisdiction is one of those legal headscratchers. Courts and commentators assume that personal jurisdiction doctrine – which delimits where a defendant can face suit – is rooted in the due process clause, imposing a constitutional limit on the reach of state authority. This means courts usually find personal jurisdiction (1) where a defendant resides, (2) where it has sufficient ‘minimum contacts’ that closely ‘relate to’ the litigation, or (3) where it is physically served with process. But the Supreme Court has limited this last option – ‘tag jurisdiction’ – to individuals, not corporations. In a great new article, Patrick Borchers offers a contrary view, decoupling personal jurisdiction from due process and concluding that states can constitutionally adopt long arm statutes permitting tag jurisdiction over corporations … (more)
[Christine Bartholomew, JOTWELL, 4 April]
First posted 2022-04-04 16:00:12
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