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The Persistent Problem Of Purposeful Availment, Henry S. Noyes

Henry S. Noyes

For the second time in 25 years, personal jurisdiction has perplexed the Supreme Court. The problem is purposeful availment. All of the Justices agree that specific jurisdiction does not exist without purposeful availment, but the Court could not cobble together a majority opinion in J. McIntyre Machinery, Ltd. v. Nicastro stating what purposeful availment means or what it requires. This Article sets forth a simple — yet meaningful and necessary — solution. Purposeful availment is best understood by its negative. No court should find a non-resident defendant subject to personal jurisdiction for a contact with the forum state that the …