Personal Jurisdiction

• Author: Jennifer Duncan-Brice
• Pages: 223-264

7-219

Chapter 7

PersonaL jurisdiCTion

QUICK VIEW

Definition: Jurisdiction over the parties is called personal or in personam. If a court has in personam jurisdic-

tion over the defendant, it has the power to affect the defendant’s interest in any property, wherever located.

Jurisdiction over property is called in rem or quasi in rem. A judgment of a court without jurisdiction is void.

Scope of Chapter: Federal due process requirements; general jurisdiction based on Illinois domicile or resi-

dence, service of process in Illinois, and doing business in Illinois; specific jurisdiction under the long-arm

statute; forum selection clauses; challenging jurisdiction.

Strategies and Tactics: In most cases whether personal jurisdiction exists is clear (e.g., when an individual

defendant is domiciled in Illinois, or served with process in Illinois, or when defendant is an Illinois corporation.

But the outcome can be difficult to predict in close cases involving non-residents or foreign corporations as each

case turns on its facts. A nonresident defendant’s counsel should consider filing a motion to quash or dismiss to

contest personal jurisdiction before filing an answer, making an appearance on extraordinary motions, or tak-

ing any other action in court. Plaintiff has the burden to establish a prima facie case for personal jurisdiction.

To make this showing, plaintiff’s counsel must consider the extent of the defendant’s contacts with Illinois, the

relationship between defendant’s Illinois contacts and the claims asserted, and whether defendant purposefully

initiated those contacts.

Statutes and Rules: 735 ILCS 5/2-209, 5/2-301; 750 ILCS 35/4 ff; SCR 201(l).

Related Topics: Subject Matter Jurisdiction, Ch 6; Venue, Ch 8; Service of Process, Ch 9; Motion Practice, Ch

14; Attacking the Pleadings, Ch 15; Defaults Judgment, Ch 31.

TABLE OF CONTENTS

I. General Points

A. Basic Concepts

§7:01 Necessary for Adjudication

§7:02 Personal, in Rem, and Quasi in Rem Distinguished

§7:03 Core Requirements

§7:04 Bases for Personal Jurisdiction

§7:05 General and Specific Jurisdiction

§7:06 Burden of Proof

§7:07 Forum Selection Clause

IllInoIs PretrIal PractIce 7-220

B. Related Concepts

§7:10 Compare: Venue

§7:11 Compare: Forum Non Conveniens

§7:12 Compare: Defective Service of Process

§7:13 Jurisdiction Over Respondent in Discovery

§7:14 Effect of Lack of Personal Jurisdiction on Foreign Judgment

§7:15 Lack of Standing

II. Federal and State Due Process Requirements

A. General Points

§7:20 Due Process Limits Jurisdiction

§7:21 Constitutional Test: Minimum Contacts & Fairness

§7:22 In Rem and Quasi in Rem Claims

§7:23 State Due Process

§7:24 State Due Process May Be More Restrictive Than Federal

§7:25 Federal and State Analysis

B. Minimum Contacts

1. GENERAL POINTS

§7:30 Minimum Contacts Test

§7:31 Purpose of Requiring Minimum Contacts

§7:32 Single Act May Suffice

§7:33 Contractual Matters

§7:34 Stream of Commerce

2. PURPOSEFUL AVAILMENT

§7:40 Meaning and Purpose

§7:41 Defendant Must Be One Directing Activity to Illinois

§7:42 Contacts Cannot Be Random or Fortuitous

§7:43 Substantial Connection

§7:44 Foreseeability of Jurisdiction, Not of Occurrence

§7:45 Choice-of-Law Clause

§7:46 Acts of Co-Conspirators

3. SPECIFIC JURISDICTION

§7:50 In General

§7:60 Claims Arising From Occasional Contacts

§7:61 Relationship to Illinois Specific Jurisdiction Statute

C. Fair Play and Substantial Justice

§7:70 Requirement

§7:71 Stiff Burden of Proof on Nonresident Defendant

§7:72 Factors

§7:73 If Plaintiff Has No Contacts With Forum

§7:74 Foreign Nationals

§7:75 Internet Activity

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III. General (Unlimited) Jurisdiction [735 ILCS 5/2-209(B)]

A. General Points

§7:80 Background

§7:81 Statutory Codification

B. Individuals

1. DOMICILE OR RESIDENCE

§7:90 Authority

§7:91 “Domicile” Defined

§7:92 Only One Domicile

§7:93 Change of Domicile

§7:94 Residency Distinguished

§7:95 Timing of Domicile or Residence

2. NONRESIDENT SERVED IN ILLINOIS

a. General Points

§7:100 Authority

§7:101 No Other Contacts Required

§7:102 Service Must Be Personal

b. Exceptions

§7:110 Presence in State Enticed by Trickery

§7:111 Participants in Judicial Proceedings

3. NONRESIDENT DOING BUSINESS IN ILLINOIS

§7:120 Authority

§7:121 Same Criteria for All Defendants

C. Corporations

1. ORGANIZATION UNDER ILLINOIS LAW

§7:130 Authority

2. DOING BUSINESS IN ILLINOIS

§7:140 Authority

§7:141 Same Criteria for All Defendants

§7:142 Doing Business Defined

§7:143 Compare: Doing vs. Transacting

§7:144 Case-by-Case Analysis Required

§7:145 Relevant Time: When Suit Commenced

§7:146 Office and Staff

§7:147 More Than Soliciting Required

§7:148 Obtaining Personal Jurisdiction Through Subsidiary

§7:149 Conflicting Affidavits

§7:150 Agent of a Principal

3. THIRD-PARTY DOING ILLINOIS BUSINESS FOR DEFENDANT

§7:160 Acts of Agent May Establish Jurisdiction Over Principal

§7:161 Wholly Owned Subsidiary

§7:162 Franchisers as Agents

D. Partnerships and Partners

§7:170 Jurisdiction May Be Obtained on Partner or Partnership

§7:171 Partner Domiciled or Resident in Illinois

§7:172 Partner Served in Illinois

§7:173 Doing Business in Illinois