Northern Virginia Personal Injury Lawyer Blog : Northern Virginia Injury Lawyer & Attorney : Brien Roche Law Firm : Medical Malpractice, Product Liability, Car Accidents : Washington DC, North Virginia, Maryland

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In order to file suit against a person in the state of Massachusetts, for example, either in state or federal court, you have to assert and be able to prove that the court (state or federal) has personal jurisdiction over that defendant. Personal jurisdiction can be obtained in a number of different ways.

* If the defendant committed the alleged wrong in the state of Massachusetts, then that would give the courts (state or federal) within that state personal jurisdiction over him or her.

* If the defendant lives in the state of Massachusetts, then the courts (state or federal) in that state would have personal jurisdiction over him or her.

* If the defendant has engaged in a course of conduct wherein he or she has substantial contacts with the state of Massachusetts and the claim in question “arose out of those contacts,” then that may likewise give the courts (state and federal) personal jurisdiction over him or her in the state of Massachusetts.

The concept of personal jurisdiction is entirely separate and distinct from the concept of subject matter jurisdiction. Subject matter jurisdiction of the federal courts (in terms of civil claims) must be founded upon diversity or a federal question. That relates exclusively to what is called subject matter jurisdiction. Personal jurisdiction deals with the issue of whether the court has authority over that defendant to litigate that claim.

The concept of personal jurisdiction is founded on the idea that it would be unfair for a citizen of California to have to litigate a claim in Massachusetts unless that citizen of California had done something that would constitute some substantial contact with the state of Massachusetts that gave rise to the claim in question. The mere fact that a federal court may have subject matter jurisdiction to litigate your claim does not necessarily mean that it has personal jurisdiction over the defendant to litigate that claim.

Personal jurisdiction deals with the issue of whether the court has authority over a particular defendant.