Constitutional Law - Jurisdiction - A New Minimum Contacts Analysis
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Authors
Dixon, Catherine T.
Issue Date
1979
Volume
12
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In the past, there has been a great deal of uncertainty as to the constitutional limits on state court jurisdiction in cases where a nonresident's commission of an out-of-forum act causes a consequence within. However, the United States Supreme Court in Kulko v. Superior Court has synthesized a jurisdictional test which may infuse a welcome measure of certainty in this area of the law. Essentially, the Court's test integrates various factors determinative of jurisdiction in prior holdings into a functional two-step analysis.|Under the Kulko analysis, the due process clause mandates an evaluation of the quality and nature of a defendant's out-of-state act, in order to determine whether he initiated a purposeful contact with the forum state. To facilitate this evaluation, Kulko described three indicia of purposefulness. These indicia are a condensation of the several evidentiary indicators of purposeful activity which the Court has reiterated over the years.|Once this initial determination of purposefulness was made, the Kulko Court's analysis required a balance of various conflicting interests to determine the fairness of a state's assertion of jurisdiction. The interests involved in this balance are those of the state and the plaintiff which are weighed against the inconvenience to the defendant of having to appear in a foreign forum.|In establishing this cohesive two-step jurisdictional analysis,the Kulko Court incorporated various factors from prior decisions. Evaluation of the Court's decision necessitates consideration of those factors. To lend substance to Kulko's minimum contacts analysis, this casenote will then explore its potential applications in light of prior case law...
Description
Citation
12 Creighton L. Rev. 905 (1978-1979)
Publisher
Creighton University School of Law