'Don't Come Around Here No More': Narrowing Personal Jurisdiction Over Non-Resident Corporations in Illinois

Abstract

Beginning in 2011, the U.S. Supreme Court began to raise the bar on personal jurisdiction. In this series of cases, the Court has articulated a much more limited view of general personal jurisdiction over corporations, making it more difficult for plaintiffs to obtain jurisdiction over non-resident corporations. Applying and building upon this precedent, the Illinois Supreme Court interpreted Illinois law relating to personal jurisdiction and, in so doing, further narrowed the situations in which a non-resident corporate defendant may be subjected to in person general jurisdiction in Illinois. In order to establish the foundation for understanding the scope, significance, and implications of these decisions limiting personal jurisdiction over non-resident corporations — particularly in mass tort litigation — this article reviews relevant aspects of the U.S. Supreme Court's personal jurisdiction jurisprudence, including specific jurisdiction and the expansion and contraction of general jurisdiction. Then, this article analyzes the Illinois Supreme Court's opinion regarding general jurisdiction in Aspen American Insurance Co. v. Interstate Warehousing, Inc. and discusses some of the implications for mass tort litigants in Illinois and elsewhere.

Keywords: Personal Jurisdiction, General Jurisdiction, Civil Procedure, Mass Tort Litigation, Illinois