Sadat v. Mertes
Citation and Court
615 F.2d 1176 (7th Cir. 1980)
Facts
A foreign national (a citizen of Egypt) was served with process while physically present in the United States. The defendant challenged personal jurisdiction, arguing that transient or “tag” service of process on a foreign national visiting the United States did not confer jurisdiction absent minimum contacts.
Issue
Whether physical service of process on a foreign national while temporarily present in the United States is sufficient to establish personal jurisdiction over that defendant.
Holding
Transient presence in the United States is a sufficient basis for personal jurisdiction; service of process on a foreign national while physically present in the forum state satisfies due process.
Rule / Doctrine
Physical presence in the forum at the time of service — so-called “tag” jurisdiction — is an independent and constitutionally sufficient basis for personal jurisdiction, even for foreign nationals temporarily visiting the United States. This was subsequently confirmed by the Supreme Court in Burnham v. Superior Court (1990).
Significance
Sadat is an early circuit court decision upholding tag jurisdiction over foreign nationals served in the United States, supporting the view that physical presence is a traditional basis of jurisdiction not subject to the minimum contacts analysis required for absent defendants.