competence between sovereign jurisdictions but determine if the
In some foreign civil law jurisdictions, courts will determine if
many foreign jurisdictions, this note seems to represent a US rather
European jurisdictions (including the UK common law system) continues to
jurisdictions with which they have no contacts or connection."
to sham suits, courts in jurisdictions with no connection with the facts
After a twenty-five-year hiatus, personal jurisdiction is once again in the limelight.
The intersection of personal jurisdiction and venue transfer has generated issues before.
In this Essay, I make two contributions to the issue of personal jurisdiction over plaintiffs in venue-transfer cases.
Personal jurisdiction is a due process right not to be subject to the adjudicatory authority of a sovereign.
Among the parties to a lawsuit, these features of personal jurisdiction tend to operate by protecting defendants, who are involuntary parties subjected to the initial forum choice of the plaintiff.
But the Due Process Clauses protect "persons," not just defendants, (17) so plaintiffs arguably have similar entitlements to the protections of personal jurisdiction. In most cases, consent obviates any protections: the plaintiffs act of filing a complaint in a court manifests the plaintiff's consent to the personal jurisdiction of that court for purposes of resolving the claims asserted in that complaint.