law-Texas-Long-Arm-Statute | personal jurisdiction | special appearance | foreign defendants
TEXAS LONG ARM STATUTE
- FOREIGN DEFENDANTS IN TEXAS COURTS
The Texas long-arm statute governs Texas courts' exercise of personal jurisdiction over a nonresident
defendant. See TEX. CIV. PRAC. & REM.CODE ANN. §§ 17.041-.045 (West 2008). The long-arm statute
reaches as far as federal constitutional due process will allow, and thus the long-arm statute is satisfied if
an assertion of personal jurisdiction comports with due process. See Spir Star, 310 S.W.3d at 872; Nogle &
Black, 290 S.W.3d at 281. Personal jurisdiction is proper when the nonresident defendant has established
"minimum contacts" with the forum and the exercise of jurisdiction comports with "traditional notions of fair
play and substantial justice." Spir Star, 310 S.W.3d at 872. For a defendant to have sufficient contacts with
the forum, it is essential that the defendant's contacts show that the defendant purposefully availed itself of
the privilege of conducting activities in the forum state, thus invoking the benefits and protections of the
forum's laws. See Michiana Easy Livin' Country, Inc. v. Holten, 168 S.W.3d 777, 784-85 (Tex.2005).
A defendant's contacts can give rise to either general or specific jurisdiction. Specific jurisdiction exists
when the claims in question arise out of or relate to the defendant's purposeful contacts with Texas. Spir
Star, 310 S.W.3d at 874. For a nonresident defendant's contacts with Texas to support an exercise of
specific jurisdiction, there must be a substantial connection between the defendant's purposeful contacts
with Texas and the operative facts of the litigation. Id.
To establish specific jurisdiction, the defendant's contacts with the forum 362*362 must have a substantial
connection to the operative facts of the litigation. Moki Mac River Expeditions v. Drugg, 221 S.W.3d 569,
584 (Tex.2007); Markette v. X-Ray X-Press Corp., 240 S.W.3d 464, 467 (Tex.App.-Houston [14th Dist.]
2007, no pet.).
A general-jurisdiction inquiry involves a much more demanding minimum-contacts analysis with a much
higher threshold. See Am. Type Culture Collection, Inc., 83 S.W.3d at 807. The defendant's contacts must
be continuous and systematic, establishing a general business presence in Texas. See id. at 809; Alenia
Spazio, S.p.A. v. Reid, 130 S.W.3d 201, 220 (Tex.App.-Houston [14th Dist.] 2003, pet. denied). It is the
nature and quality of the contacts, not the quantity, that is critical when examining general jurisdiction. Am.
Type Culture, 83 S.W.3d at 809-10.
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