Delaware
How Burnham v. Superior Court of California applies in Delaware: state-specific rules, key cases, and bar exam notes for Civil Procedure.
Delaware follows the principle from Burnham, emphasizing that physical presence within the state's borders can establish personal jurisdiction. The Delaware courts emphasize a straightforward application of the 'minimum contacts' standard, informed by the notion of fairness in extending jurisdiction over non-resident defendants.
In Delaware, personal jurisdiction can be established through both general and specific jurisdiction as specified in 10 Del. C. § 3104, particularly emphasizing the defendant's activities within the state, including conducting business or committing a tortious act.
The court held that physical presence in Delaware during a business transaction constituted sufficient grounds for personal jurisdiction.
This case reiterated the Burnham principles, affirming that physical presence is a valid basis for jurisdiction despite the defendant's lack of ties to the state.
The court ruled that a company's registration to do business in Delaware created a systemic contact sufficient for jurisdiction in related litigation.
Delaware's approach to personal jurisdiction closely mirrors federal standards established in International Shoe Co. v. Washington, focusing on the defendant’s purposeful availment of the forum state. However, Delaware emphasizes the element of physical presence distinctly, which serves as a more straightforward basis for asserting jurisdiction compared to the multifactor tests used in federal courts.
Understanding the principles of personal jurisdiction, particularly regarding physical presence and 'minimum contacts,' is essential for the Delaware bar exam, especially in Civil Procedure questions.