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Linkamerica Corp. v. Cox5/26/2005
conduct having an effect in this state.
In addition, a court of this state may exercise jurisdiction on any basis not inconsistent with the Constitutions of this state or the United States.
The first prong of the test-whether LinkAmerica's contacts with Indiana fall under Indiana Trial Rule 4.4(A)-received no detailed analysis from either LinkAmerica or the Coxes; both parties focused on the second prong's due process requirements. Thus, based upon the parties' failure to argue or cite authority, we can presume that the first prong has been satisfied and is not at issue in this case. See Ind. Appellate Rule 46(A)(8) (observing that the argument "shall contain the . . . contentions why the trial court . . . committed reversible error").
We now turn our attention to the second prong-whether asserting jurisdiction violates the Due Process Clause of the Fourteenth Amendment. This inquiry has two components: "minimum contacts" and "fair play and substantial justice." Int'l Shoe, 326 U.S. at 316. First, in the analysis of the defendant's contacts, there are two concepts that courts use in their determination of whether the "minimum contacts" are satisfied: specific jurisdiction and general jurisdiction. Anthem, 730 N.E.2d at 1234. Specific jurisdiction is present if the defendant has contacts related to the subject matter of the lawsuit. Id. General jurisdiction exists if the defendant's contacts with the state are unrelated to the subject matter of the lawsuit. Id. In this case, both sides agree that "minimum contacts," if they can be established at all, must be established under the theory of specific jurisdiction. See Appellee's Br. p. 7; Appellant's Reply Br. p. 2. The analysis of the contacts for specific personal jurisdiction is determined on a case-by-case basis. Anthem, 730 N.E.2d at 1235. The plaintiffs, in this case the Coxes, bear the burden of establishing "minimum contacts." Brockman v. Kravic, 779 N.E.2d 1250, 1257 (Ind. Ct. App. 2002).
Second, once the "minimum contacts" have been established, the issue becomes whether asserting personal jurisdiction over LinkAmerica would "offend `traditional notions of fair play and substantial justice.'" Int'l Shoe, 326 U.S. at 316. After the plaintiffs establish that there are minimum contacts, the defendant, in this case LinkAmerica, carries the burden of proving that asserting jurisdiction is unfair and unreasonable. Brockman, 779 N.E.2d at 1257. In this inquiry, we determine whether the assertion of jurisdiction is reasonable and fair by balancing a number of factors, such as: (1) the burden on the defendant; (2) the forum State's interest in adjudicating the dispute; (3) the plaintiff's interest in obtaining convenient and effective relief; (4) the interstate judicial system's interest in obtaining the most efficient resolution of controversies; and (5) the shared interest of the several States in furthering fundamental substantive social policies. Id. This fairness inquiry is separate from the contacts question and may be used to defeat jurisdiction even if the defendant has sufficient contacts with the forum state. Id.
We turn our attention to the first part of the federal due process inquiry-minimum contacts. Initially, we note that neither side suggests that the trial court lacked personal jurisdiction over Hi-Cube, nor did Hi-Cube. Hi-Cube is a subsidiary of LinkAmerica. Thus, the issue of LinkAmerica's contacts is dependent upon whether the subsidiary's contacts with the forum justify a finding of personal jurisdiction over the parent corporation. In this case, we conclude that Hi-Cube's contacts with Indiana justify a finding of personal jurisdiction over LinkAmerica.
One case from th
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