Personal Jurisdiction

Personal jurisdiction is a court's authority over the parties to a lawsuit. Without personal jurisdiction over a defendant, a court cannot enter a binding judgment against that defendant. Personal jurisdiction analysis applies a two-step framework: (1) does a state's long-arm statute authorize jurisdiction, and (2) does exercising jurisdiction comport with constitutional due process under the Fourteenth Amendment?

Texas long-arm statute

Texas's long-arm statute extends jurisdiction over a non-resident who "does business" in Texas, with broad enumerated examples. The Texas Supreme Court has interpreted the statute to extend jurisdiction to the constitutional limits of due process, meaning the long-arm analysis collapses into the constitutional analysis.

Two forms of personal jurisdiction

General jurisdiction: the court has jurisdiction over the defendant for any claim, regardless of where the claim arose. Under Daimler and Goodyear, general jurisdiction over a corporation exists only where the corporation is "essentially at home", typically the state of incorporation and the state of principal place of business. General jurisdiction over Texas-incorporated corporations and corporations with their principal place of business in Texas is automatic.

Specific jurisdiction: the court has jurisdiction over claims arising from or related to the defendant's contacts with the forum state. Bristol-Myers Squibb (2017) clarified that specific jurisdiction requires a connection between the defendant's forum contacts and the specific claims at issue. Ford Motor (2021) held that the claims must "arise out of or relate to" the defendant's forum contacts, and that the "relate to" half does not require a strict causal relationship, though it "incorporates real limits."

Minimum contacts test

Specific jurisdiction requires (1) purposeful availment by the defendant of the privilege of conducting activities in the forum; (2) a connection between the forum contacts and the litigation; (3) that exercising jurisdiction comports with traditional notions of fair play and substantial justice.

Consent and waiver

Personal jurisdiction is waivable. In Texas state court, the objection is made by a sworn special appearance filed before any other plea, pleading or motion (Rule 120a), which may be amended to cure defects. An appearance that does not comply with Rule 120a is a general appearance. In federal court, the defense is waived if it is left out of a Rule 12 motion or the responsive pleading (Fed. R. Civ. P. 12(h)(1)). A forum-selection clause can operate as consent to personal jurisdiction in the chosen forum, and enforcing a freely negotiated clause that is not unreasonable or unjust does not offend due process.