Personal jurisdiction jurisprudence in the 21st century is something of a pet peeve of mine (most recent post here (linking to still more posts)). To decide whether they can impose jurisdiction over a party, courts analyze whether the party could “reasonably foresee” being “haled” into a court within the jurisdiction. My most recent post on the subject applauds a move in the right direction by the U.S. Court of Appeals for the Eighth Circuit. That is, I believe the rule should be:
When a foreign company knowingly engages in business with, say, a Minnesota company (knowing it is engaging with the company and knowing the company is in Minnesota), for any protracted period of time (a vague term that might not be determinable with precision by courts ever), in the absence of a contractual exclusive forum selection clause identifying a non-Minnesota forum, the foreign company should be charged with knowledge that, if a dispute ever arises with the Minnesota company over their business interactions, the foreign company might have to defend a lawsuit in Minnesota.
Doesn’t that make sense to you?