Civil Litigation,
California Courts of Appeal
Jul. 5, 2017
‘Consent’ is the next big battle over personal jurisdiction
In several recent cases, the Supreme Court has held that the due process clause tightly restricts where a defendant is subject to personal jurisdiction in state court.
Michael Huston
Michael Huston is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP.
Sean Cooksey
Sean Cooksey is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP.
David Casazza
David Casazza is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP.
In several recent cases, the Supreme Court has held that the due process clause tightly restricts where a defendant is subject to personal jurisdiction in state court. As a result, in lawsuits against corporations, plaintiffs are now likely to argue that the defendant "consented" to personal jurisdiction in the forum. Defense counsel need to be prepared to rebut these arguments by showing both that state law does not require consent to general jurisdiction and that an...
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