Back to the Future: The Revival of Pennoyer in Personal Jurisdiction Doctrine and the Demise of International Shoe
Bloom, Robert M. & Hanrahan, Janine A.
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- 2024Sheri Sawyer, as the personal representative of the Estate of Thomas Randall Sawyer, Jr. v. Cooper Tire & Rubber Company (Appeal from Mobile Circuit Court: CV-20-900690). Ala.
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Abstract
This Article argues that the Court’s recent decisions have effectively revived Pennoyer’s focus on physical presence and status, at the expense of the fairness and contact considerations set forth in International Shoe, as the bases for asserting personal jurisdiction. Part II details the jurisdictional analysis under both Pennoyer and International Shoe. Part III discusses the evolution of personal jurisdiction doctrine under International Shoe. Part IV demonstrates that the Court’s recent decisions have revitalized Pennoyer’s territorially based regime, and consequently diminished the thrust of International Shoe.