Keywords
registration statues, due process, personal jurisdiction, jurisdictional gap
Abstract
Consider this personal jurisdiction quandary: A growing Arizona company wants to start expanding into other states. The company is incorporated in Delaware and has its principal place of business in Arizona. It decides to make the leap and begins registering to do business in a few surrounding states, including New Mexico. The registration seems straightforward and does not mention anything about jurisdiction. After the registration, but before conducting any business in New Mexico, a Kentucky resident decides to sue the Arizona-based corporation. The suit is based on an alleged tort occurring in Utah, and the plaintiff files the lawsuit in New Mexico. According to current New Mexico law, without any other contacts with the state, the New Mexico court would have personal jurisdiction over the corporation.
Recommended Citation
Nate Arrington,
Consent By Registration: The "Back-Door Thief",
73 Ark. L. Rev.
771
(2021).
Available at:
https://scholarworks.uark.edu/alr/vol73/iss4/3
Included in
Business Organizations Law Commons, Commercial Law Commons, Jurisdiction Commons, Law and Economics Commons