Regulation explicitly excludes these exorbitant grounds of jurisdiction,
jurisdiction rules, not only among EU member states, as stipulated in
general rules of personal jurisdiction to third-state defendants was one
reconsider their exorbitant jurisdiction rules with regard to
international cases typically use the same jurisdiction rules for
identical to the US approach to personal jurisdiction, where the same
Things get fuzzy, however, if the case is transferred to a different state without the plaintiffs consent and the plaintiff would not otherwise be subject to personal jurisdiction in the transferee state.
I have found almost no academic literature on the question of how personal jurisdiction applies to plaintiffs subject to involuntary interstate venue transfer, (22) though, as I document below, commentators seem to assume that personal jurisdiction does not apply to such plaintiffs.
Some courts take the position that plaintiffs, as voluntary party-claimants, are simply not subject to the protections of personal jurisdiction, even in venue-transfer cases.
(25) In other words, because personal jurisdiction protects involuntary parties subject to the coercive power of a court, only defendants are entitled to the protections of personal jurisdiction.
The position that plaintiffs do not need personal jurisdiction protections because of the differences between the risks faced by plaintiffs and defendants is seriously undermined by the availability of the declaratory-judgment action, which enables a putative defendant to initiate, as a plaintiff, an action seeking a declaration of nonliability against a putative claimant (who becomes the defendant).
Shutts, which suggests that personal jurisdiction is applicable to plaintiffs: "The Fourteenth Amendment does protect 'persons,' not 'defendants,' however, so absent plaintiffs as well as absent defendants are entitled to some protection from the jurisdiction of a forum State which seeks to adjudicate their claims." (29) And, in applying this principle, the Court held that the Constitution's personal-jurisdiction protections for plaintiffs require certain structural safeguards in class actions.