Ambac Assurance Corporation v. U.S. Bank National Association
DueProcess Privacy JusticiabilityDoctri Jurisdiction
Whether a court may exercise in rem jurisdiction over a trust where the trust's primary assets are located outside the forum state
QUESTION PRESENTED The Due Process Clause prohibits the exercise of in rem jurisdiction unless the property at issue is located within the jurisdiction of the forum State and the persons whose interests are to be adjudicated have purposefully availed themselves of the benefits of the State. The question presented is: Whether a court may exercise in rem jurisdiction over a trust where the trust’s primary, tangible assets are located outside of the forum State; the trust beneficiaries have not engaged in any conduct directed at or connected with the forum State and in fact were notified that trust administration issues are subject to jurisdiction in a different State; and the only basis for jurisdiction is the trustee’s presence in the forum State.