State is sufficient for court to exercise jurisdiction

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Reference no: EM132286458

How much contact with a state is sufficient for a court to exercise jurisdiction over the person without offending the due process requirements of the US Constitution? Is there any situation where one could argue a slight amount of contact with the state still justifies exercising jurisdiction? Can the court exercise jurisdiction over a business that regularly ships products to customers in a state but does not have a physical presence in the state and is not registered to do business?

Next, consider this factual scenario: Elena lives in Vermont and has a small business that manufactures a product for pets and sells it to retail establishments throughout the United States. She takes orders on her website and ships her product through a third-party logistics company. Gary, one of her retailers in Montana, is not happy with the quality of her product and demands a refund. When Elena refuses to refund Gary’s money, he sues her in Montana court. The Montana long-arm statute allows for service of process on a civil defendant in any state if the defendant is a business entity and ships any products into the state of Montana. What constitutional argument could Elena make to defend against being served with process and called into court in Montana?

Reference no: EM132286458

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