Overview of the US jurisdiction tests

Perhaps due to the fact that US companies are at the forefront of Internet technology, litigation regarding e-commerce in the US is more advanced than anywhere else in the world. Similar to the general and special jurisdiction under the EU Brussels regime, US law has two types of jurisdiction: general and specific. General jurisdiction is jurisdiction over the defendant for any cause of action, whether or not related to the defendant's contacts with the forum state; whereas specific jurisdiction applies when the underlying claims arise out of, or are directly related to, a defendant's contacts with the forum state.

The above notion comes from the famous case International Shoe Co v. Washington, which indicated that the minimum contacts test has both a general and a specific component. What is meant by “minimum contacts”? It is a requirement that must be satisfied before a defendant can be sued in a particular state. In order for the suit to go forward in the chosen state, the defendant must have some connection with that state. For example, advertising in or having business offices within a state may provide minimum contacts between a company and the state.