Brief Fact Summary. Dennis Burnham married Francie Burnham in West Virginia in 1976. In 1977, the couple moved to New Jersey, where their two children were born. In 1987, the couple decided to separate. Mrs. Burnham (Respondent) intended to move to California, so they agreed that she would retain custody of the two children. Shortly before Mrs. Burnham was to move to California, she and Mr. Burnham (Petitioner) agreed that she would file for divorce on the grounds of “irreconcilable differences.”
Synopsis of Rule of Law. Jurisdiction can be exercised over an individual through his presence in the forum state. This is true even if the individual is a non-resident of the forum state, who came to the forum state only briefly. Personal jurisdiction within the forum may be obtained as long as service was made upon the individual while he was within the forum state.
Issue. Whether the Due Process Clause of the Fourteenth Amendment prevents jurisdiction of a state over a nonresident, who was served with process while temporarily present in that state, for an action, which is totally unrelated to his activities in that state?
Held. International Shoe Co. v. Washington, stated that the Due Process Clause of the Fourteenth Amendment requires that a state not violate “traditional notions of fair play and substantial justice.” It is well established that a state may obtain personal jurisdiction over a non-resident by service within that state. Therefore, it cannot be said that physical presence within a state violates “traditional notions of fair play and substantial justice.” California can constitutionally assert personal jurisdiction over Petitioner based solely on his presence in the state at the time of service, even though his presence was brief, and there were virtually no other contacts with California. Concurrence. Justice White wrote an opinion concurring in part and concurring in the judgment. Justice Brennan, with whom Justices Marshall, Blackmun and O’Connor joined, wrote an opinion concurring in the judgment (J. Brennan concurrence). Justice Stevens wrote an opinion concurring in the judgment. J. White: Jurisdiction over a non-resident by personal service in the forum state, alone, is so widely accepted that it cannot be invalidated at this time. J. Brennan: He agrees that jurisdiction can be granted through personal service upon a defendant while in the forum. Therefore, J. Brennan can concur in the judgment. However, J. Brennan does not believe that such a rule should remain forever unexamined due to its prior acceptance. J. Stevens: The historical evidence leads to the conclusion that this is a very easy case to decide. Personal jurisdiction based on physical presence in the forum state alone should be upheld.
The real syllabus of the passage quoted is, that a process of law, which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country; but it by no means follows that nothing else can be due process of law.View Full Point of Law