MBE Rules · Civil Procedure

General personal jurisdiction

Goodyear / Daimler

The rule

A court may exercise general PJ over a defendant who is "at home" in the forum. For individuals, that is the domicile. For corporations, that is the state of incorporation and principal place of business. Continuous business contacts short of "at home" do NOT suffice (Daimler v. Bauman).

In plain English

A court can only hear a case against someone if they are based in that area. For companies, this means where they're incorporated or have their main office.

Worked example

A company incorporated in Delaware with its main office in New York can't be sued in California just because it has a few stores there.

Memory hook

AT HOME = unlimited lawsuits. Anywhere else = only forum contacts. Corporations are 'at home' where incorporated or headquartered.

The trap

Students think: any substantial business in a state suffices for general PJ. Wrong, because 'at home' means more than just doing business. The actual test is domicile or principal place of business.

How examiners test it

The MBE loves: corporation with offices and operations in multiple states. Trap: assuming general PJ due to significant business presence. Answer: only 'at home' states apply (Daimler rule).

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