Abstract
Gaining personal jurisdiction over nonresident defendants is a problem frequently encountered by Nebraska attorneys. When faced with this problem, present Nebraska law requires that the attorney pursue one of two courses of action: (1) wait until the defendant is physically present within the state and serve him with process at that time, or (2) show that the defendant has in some way impliedly consented to the jurisdiction of Nebraska courts. In response to International Shoe Co. v. Washington, several state legislatures have codified jurisdictional due process as outlined in that case. These statutes allow the state's judicial machinery to reach beyond state boundaries and pull in nonresident defendants. It is this characterization of the statute from which the term "long arm statute" is derived. The purpose of this article is, therefore, to create an incentive for the passage of a long arm statute in Nebraska, and to provide information which will be helpful in drafting and interpreting its provisions.
I. Introduction
II. General Requirements for Due Process
III. Legislative Application of International Shoe … A. Types of Long Arm Statutes Available in Other Jurisdictions … B. Theory Behind the Drafting and Interpreting of a Long Arm Statute … C. Major Problems Arising in the Drafting and Interpreting of a Long Arm Statute
IV. Judicial Interpretation … A. Transaction of Business … B. Tortious Act … C. Ownership, Use, or Possession of Real Estate … D. Contracting to Insure Any Person, Property, or Risk
V. Nebraska Law and Extended Jurisdiction
[VI]. Conclusion
Recommended Citation
Lyman L. Larsen,
Personal Jurisdiction in Nebraska: The Need for a Long Arm Statute,
45 Neb. L. Rev. 166
(1966)
Available at: https://digitalcommons.unl.edu/nlr/vol45/iss1/11