General Jurisdiction
What is the General Jurisdiction?
General jurisdiction allows a court to hear any claim against a defendant whose contacts with the forum are so continuous and systematic as to render the defendant essentially at home there, typically limited to domicile or place of incorporation and principal place of business.
Definition
General jurisdiction, also called all-purpose jurisdiction, permits a court to hear any claim against a defendant regardless of whether the claim relates to the defendant's forum activities. For general jurisdiction to exist, the defendant's affiliations with the forum state must be so continuous and systematic as to render the defendant essentially at home in the forum. This exacting standard was articulated by the Supreme Court in Goodyear Dunlop Tires Operations, S.A. v. Brown (2011) and Daimler AG v. Bauman (2014).
For individuals, general jurisdiction exists in their state of domicile. For corporations, the paradigm forums for general jurisdiction are the state of incorporation and the state where the corporation has its principal place of business. The Supreme Court in Daimler rejected the notion that a corporation's substantial, continuous, and systematic business operations in a state automatically render it at home there. Instead, the at home test requires that the corporation's contacts be so extensive that the entity is comparable to a domestic enterprise in that state.
In exceptional cases, a corporation's operations in a forum other than its place of incorporation or principal place of business may be so substantial and of such a nature as to render the corporation at home there, but the Court has emphasized that such cases would be rare. The practical effect of Daimler is that general jurisdiction over corporations is nearly always limited to two forums, significantly narrowing opportunities for plaintiffs to establish all-purpose jurisdiction.
Key Elements
- 1The defendant's contacts with the forum must be continuous and systematic
- 2The defendant must be essentially at home in the forum state
- 3For individuals: domicile is the paradigm basis for general jurisdiction
- 4For corporations: place of incorporation and principal place of business are the paradigm bases
- 5In exceptional cases, other forums may qualify if contacts are so substantial as to be comparable to a domestic corporation
Landmark Cases
Daimler AG v. Bauman
571 U.S. 117 (2014)
Established the at home test for general jurisdiction over corporations, limiting it to the state of incorporation and principal place of business absent exceptional circumstances.
Goodyear Dunlop Tires Operations, S.A. v. Brown
564 U.S. 915 (2011)
Distinguished general from specific jurisdiction and held that sporadic or occasional contacts do not support general jurisdiction; contacts must be so continuous and systematic as to render the entity at home.
BNSF Railway Co. v. Tyrrell
581 U.S. 402 (2017)
Applied Daimler to hold that a railroad's significant business operations in Montana did not render it at home there for general jurisdiction purposes.
Perkins v. Benguet Consolidated Mining Co.
342 U.S. 437 (1952)
The paradigmatic exceptional case: general jurisdiction was proper in Ohio where a Philippine corporation temporarily relocated all operations during World War II.
Exam Tips
- After Daimler, for corporations, general jurisdiction is almost always limited to two states: incorporation and principal place of business. Flag any facts suggesting an exceptional case.
- Do not confuse continuous and systematic contacts sufficient for general jurisdiction with the lower threshold of minimum contacts for specific jurisdiction.
- On exams, if the claim does not arise from the defendant's forum contacts, you must analyze general jurisdiction, not specific jurisdiction.
Common Mistakes to Avoid
- Assuming that substantial business operations in a state automatically establish general jurisdiction; after Daimler, the standard is whether the defendant is essentially at home.
- Confusing the continuous and systematic test with the arise out of or relate to requirement of specific jurisdiction.
- Overlooking that Perkins-type exceptional cases are extremely rare and require near-total relocation of operations.
Memory Aid
General = at home. Corporations: incorporation + principal place of business. Individuals: domicile.