Civil Procedure - Jurisdiction - Minimum Contacts Analysis Applied to Assertions of Jurisdiction Based on Property
Dunbeck, Joseph Jr.
INTRODUCTION|For over one hundred years the "physical presence" theory of jurisdiction has governed a state court's assertion of in rem jurisdiction. In Shaffer v. Heitner, the United States Supreme Court reassessed the validity of this theory and held that the "minimum contacts" analysis is the appropriate due process standard for evaluating a state's assertion of in rem jurisdiction. The use of the Shaffer analysis will preclude a state court from asserting in rem jurisdiction based on the presence of property having no relation to the cause of action. The impact of this ruling on in rem actions in which the cause of action is related to the property is uncertain; however, the Court indicated some circumstances in which the physical presence theory and the minimum contacts analysis would render the same result. A close examination of these different analytical approaches reveals that in other circumstances the results may vary widely depending upon the extent of the property's presence within the forum. In addition, Shaffer may have an impact on a state's assertion of in personam jurisdiction based on the physical presence theory...
11 Creighton L. Rev. 971 (1977-1978)
Creighton University School of Law