Lloyd's Maritime and Commercial Law Quarterly
US Maritime Law
Robert Force * and Martin Davies †
CASES
313. Bristol-Myers Squibb Co v Superior Court of California 1
314. BNSF Railway Co v Tyrell 2
315. Daimler AG v Bauman 3
316. Goodyear Dunlop Tires Operations SA v Brown 4
Jurisdiction over persons—general jurisdiction—specific jurisdiction
In a series of decisions from 2011 to 2017, the United States Supreme Court has clarified and to some extent narrowed the circumstances in which both federal and states courts may exercise jurisdiction over persons. Rather than analyse the fact and individual holdings and decisions of each case, this note will clarify the current rules.
Some background should be helpful. The “due process clause” of the Fifth Amendment to the United States Constitution imposes limits on actions by the national government and the Fourteenth Amendment provides similar limitations on action by states. The due process clause has considerable application in both civil and criminal cases. Boiled down to its essence, the “due process clause” in each amendment prohibits government from acting unfairly or arbitrarily in dealing with people. When a state requires a person to defend against a civil claim in its courts, there must be some connection between the civil defendant and the state that purports to exercise jurisdiction over him. A court lacks power to adjudicate the rights and liabilities of persons over whom it has no jurisdiction, and it is considered unfair to make a person litigate in a state with which he has no connection. In order to satisfy the due process requirement so as to allow a court in a state to exercise jurisdiction over that person, that person must have “minimum contacts” with that state.
* Niels F Johnsen Professor of Maritime Law and Director Emeritus, Maritime Law Center, Tulane University Law School, New Orleans.
† Admiralty Law Institute Professor of Maritime Law and Director, Maritime Law Center, Tulane University Law School, New Orleans.
1. (2017) 137 S Ct 1773.
2. (2017) 137 S Ct 1549.
3. (2014) 571 US 117.
4. (2011) 564 US 915.
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