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CHAPTER 2

Statutory Limits on Personal Jurisdiction

The Reach and Grasp of the Long-Arm

INTRODUCTION

As Chapter 1 explains, the due process clause of the Fourteenth Amendment to the Constitution imposes fundamental limitations on the power of state courts to exercise personal jurisdiction over defendants in civil suits. Under that clause states may only assert jurisdiction over defendants who have established a significant relationship to the forum state, such as domicile, in-state presence, continuous and substantial business within the state, consent to suit in that state, or minimum contacts with the state that gave rise to the claim in suit. If the defendant is not subject to personal jurisdiction within the forum state on one of these limited bases, the court will be unable to adjudicate the plaintiff’s claim.

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