The Transient Rule of Personal Jurisdiction: The "Power" Myth and Forum Conveniens

Abstract

Sitting in the lounge of his plane on a nonstop flight over New York, a citizen of California is handed a summons. For many years come, his great expense and greater annoyance, he will have defend a law suit in a New York court three thousand miles away from his home, even though the plaintiff may be a spiteful competitor alleging a fanciful claim dating back many years a trip abroad. For transitory actions may be brought in any court that has jurisdiction of the defendant, and anyone personally present in a state is subject its jurisdiction, whether he is permanently or only temporarily there.1 The dogma that will herein be called the transient has it that in per? sonam jurisdiction of an individual defendant can be acquired by mere physical service of process, even in a forum where neither plaintiff nor defendant resides and which has no connection with the cause of action.2 The inadequacy of this rule, and its contrast with the law prevailing elsewhere in the world,3 have often been stressed. A rule compelling the traveler to run the