Page:Mallory v. Norfolk Southern.pdf/8

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Cite as: 600 U. S. ____ (2023)
5

Opinion of Gorsuch, J.

the Laws of England 117–118, 294 (1768). Meanwhile, an in personam suit against an individual “for injuries that might have happened any where” was generally considered a “transitory” action that followed the individual. Id., at 294. All of which meant that a suit could be maintained by anyone on any claim in any place the defendant could be found. Story §538, at 450.

American courts routinely followed these rules. Chief Justice Marshall, for one, was careful to distinguish between local and transitory actions in a case brought by a Virginia plaintiff against a Kentucky defendant based on a fraud perpetrated in Ohio. Massie v. Watts, 6 Cranch 148, 162–163 (1810). Because the action was a transitory one that followed the individual, he held, the suit could be maintained “wherever the [defendant] may be found.” Id., at 158, 161–163; see also, e.g., Livingston v. Jefferson, 15 F. Cas. 660, 663–664 (No. 8,411) (CC Va. 1811) (opinion of Marshall, C. J.); Peabody v. Hamilton, 106 Mass. 217, 220–221 (1870); Bissell v. Briggs, 9 Mass. 462, 468–470 (1813).

This rule governing transitory actions still applies to natural persons today. Some call it “tag” jurisdiction. And our leading case applying the rule is not so old. See Burnham v. Superior Court of Cal., County of Marin, 495 U. S. 604 (1990). The case began with Dennis Burnham’s business trip to California. Id., at 608 (plurality opinion). During his short visit, Mr. Burnham’s estranged wife served him with a summons to appear in California state court for divorce proceedings. Ibid. This Court unanimously approved the state court’s exercise of personal jurisdiction over Mr. Burnham as consistent with the Due Process Clause—and did so even though the Burnhams had spent nearly all their married life in New Jersey and Mr. Burnham still resided there. See id., at 607–608, 616–619; id., at 628 (White, J., concurring in part and concurring in judgment); id., at 635–639 (Brennan, J., concurring in judgment); id., at 640 (Stevens, J., concurring in judgment).