Legal Definitions - long-arm

Long-arm refers to the legal authority that a state court possesses to hear a lawsuit against a defendant who lives or operates outside of that state's physical borders. This power is granted by specific laws known as "long-arm statutes." These statutes allow a court to "reach out" and assert jurisdiction over non-residents, provided that the non-resident has had sufficient contact with the state where the lawsuit is filed, and that exercising jurisdiction would be fair and reasonable.

The primary purpose of long-arm statutes is to ensure that individuals or businesses cannot avoid legal accountability for actions that cause harm or have legal consequences within a state, simply by being located elsewhere.

• Example 1: Online Business Transaction

  A small online retailer based in Montana sells custom-made jewelry through its website to customers across the country. A customer in Florida purchases a necklace, but it arrives damaged and causes an allergic reaction due to undisclosed materials. The Florida customer wants to sue the Montana retailer in a Florida court.

  How it illustrates "long-arm": Even though the Montana retailer has no physical presence, employees, or offices in Florida, Florida's long-arm statute might allow its courts to exercise jurisdiction. By intentionally marketing and selling products to Florida residents, the Montana retailer established sufficient "minimum contacts" with Florida. This allows the Florida court's "long-arm" to reach the out-of-state business to address the harm that occurred within Florida.

• Example 2: Defamation Across State Lines

  An individual living in Arizona posts a series of false and damaging statements about a prominent author residing in New Mexico on a popular social media platform. These statements are widely read and cause significant reputational and financial harm to the author in New Mexico.

  How it illustrates "long-arm": The New Mexico author wishes to sue the Arizona individual for defamation in a New Mexico court. New Mexico's long-arm statute could enable its courts to assert jurisdiction over the Arizona defendant. The act of intentionally publishing defamatory content that is accessible and causes harm within New Mexico constitutes sufficient contact with New Mexico, allowing the New Mexico court's "long-arm" to reach the out-of-state defendant.

• Example 3: Product Liability

  A consumer in Ohio purchases a kitchen appliance manufactured by a company based in Pennsylvania. While using the appliance in Ohio, a manufacturing defect causes it to malfunction, resulting in a fire that damages the consumer's kitchen.

  How it illustrates "long-arm": The injured Ohio consumer wants to sue the Pennsylvania appliance manufacturer in an Ohio court. Ohio's long-arm statute would likely permit its courts to exercise jurisdiction over the Pennsylvania company. By manufacturing a product and placing it into the stream of commerce with the expectation that it would be sold and used by consumers in states like Ohio, the Pennsylvania company established sufficient contact with Ohio. Therefore, the Ohio court's "long-arm" can extend to the Pennsylvania manufacturer to address the injury that occurred within Ohio.