Legal Definitions - long-arm statute

A long-arm statute is a state law that allows courts in that state to exercise legal authority (known as "personal jurisdiction") over a defendant who lives in a different state. This is permissible only when the out-of-state defendant has had enough significant connections, or "minimum contacts," with the state where the lawsuit is filed, and when it would be fair and reasonable to require them to defend themselves in that state's court. These connections must typically be related to the reason for the lawsuit.

Essentially, a long-arm statute gives a state's courts the ability to reach beyond their physical borders to bring a non-resident into a lawsuit, provided that the non-resident has engaged in certain activities within the state that are relevant to the legal dispute.

• Example 1: Online Business Transaction

  Imagine a small, independent clothing designer based in Colorado who sells unique apparel exclusively through their website. A customer in Texas orders a custom-made jacket, paying a significant deposit. After several months, the jacket has not been delivered, and the designer has stopped responding to emails. The Texas customer wants to sue the designer for breach of contract and a refund.

  How it illustrates the term: Texas's long-arm statute would likely allow the Texas court to hear the case, even though the designer lives in Colorado. By intentionally marketing and selling products to customers in Texas via their website, accepting payment from a Texas resident, and entering into a contract with them, the Colorado designer has established "minimum contacts" with Texas. These contacts are directly related to the customer's lawsuit, making it fair for the designer to be sued in a Texas court.

• Example 2: Out-of-State Driver Causing an Accident

  A driver from Oklahoma is on a road trip through Arkansas. While driving through Little Rock, they negligently swerve and cause a multi-car pile-up, severely injuring an Arkansas resident. The Oklahoma driver then returns to their home state.

  How it illustrates the term: Arkansas's long-arm statute would enable the injured Arkansas resident to sue the Oklahoma driver in an Arkansas court. By driving on Arkansas roads and causing an accident within the state, the Oklahoma driver established direct "minimum contacts" with Arkansas that are the basis of the lawsuit. It would be reasonable and fair for the Arkansas court to exercise jurisdiction over the Oklahoma driver for an incident that occurred entirely within its borders.

• Example 3: Professional Services Across State Lines

  A marketing consultant based in Illinois regularly provides strategic advice and develops advertising campaigns for a client whose business is located solely in Wisconsin. All communications occur via video calls and email, and the consultant sends invoices directly to the Wisconsin business. The Wisconsin business later claims the consultant's advice was negligent and caused substantial financial losses.

  How it illustrates the term: Wisconsin's long-arm statute could allow the Wisconsin business to sue the Illinois marketing consultant in a Wisconsin court. The consultant's ongoing professional relationship with a Wisconsin client, providing services specifically intended to benefit a business within Wisconsin, could establish sufficient "minimum contacts." This continuous engagement makes it reasonable for the consultant to anticipate being sued in Wisconsin if their services cause harm there.