Asahi Metal Industry co. v. superior court of california

Asahi Metal Industry co. v. superior court of california -...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Asahi Metal Industry Co. v. Superior Court of California 480 U.S. 102 (1987) Fact: Procedural Facts: Operative Facts: Zurcher was seriously injured in a motorcycle crash. It was allegedly because of a defect in the rear tire, which suddenly made it lose air. Zurcher sued Cheng Shin (A company in Taiwan), the maker of the tire, and Cheng Shin filed a 3 rd party claim for indemnification against Asahi (A company in Japan), the maker of the valve. Asahi claims that California does not have personal jurisdiction over them. Issue: Whether there was minimum contact from Asahi, for California to have personal jurisdiction over the company. Rule: For a forum state to have jurisdiction over a defendant, they must establish a minimum contact by an action of the defendant purposefully directed toward the forum state. Rational: 5 Factor test of the fair play. Also its unreasonable and unfair to hold personal jurisdiction over asahi, because it’s harsh, and it would be a burdensome process to hual them over to California. The interest of the plaintiff of the forum isn’t safety concern, just an identification claim.
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .

Ask a homework question - tutors are online