DOCTRINE Due process requires only that in order to subject a defendant to a

Doctrine due process requires only that in order to

This preview shows page 8 - 9 out of 17 pages.

DOCTRINE: Due process requires only that in order to subject a defendant to a judgment in personam , if he is not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. FACTS: 1. International Shoe is a Delaware Corporation having a principal business in St. Louis, Missouri. 2. International Shoe has no office in Washington, and makes no contract either for sale or purchase of merchandise there. 3. International Shoe employed 11 to 13 salesmen under direct supervision and control of sales managers located in St. Louis. 4. These salesmen resided in Washington; their principal activities were confined to that state, and they were compensated by commissions based upon the amount of their sales. 5. The commissions for each year totaled more than $31,000. 6. International Shoe supplies its salesmen with a line of samples, each consisting of one shoe of a pair, which they display to prospective purchasers. 7. Salesmen rent permanent sample rooms, for exhibiting samples, in business buildings, or rent rooms in hotels or business buildings temporarily for that purpose. The cost of such rentals is reimbursed by International Shoe 8. The authority of the salesmen is limited to exhibiting their samples and soliciting orders from prospective buyers, at prices and on terms fixed by International Shoe 9. The salesmen transmit the orders to appellant's office in St. Louis for acceptance or rejection, and, when accepted, the merchandise for filling the orders is shipped f.o.b. from points outside Washington to the purchasers within the state. 10. All the merchandise shipped into Washington is invoiced at the place of shipment, from which collections are made. 11. No salesman has authority to enter into contracts or to make collections. 12. Supreme Court of Washington was of the opinion that the activities were sufficient to constitute doing business in the state so as to make International Shoe amenable to suit in courts. 13. Washington issued Notice of Assessment holding International Shoe liable after the latter failed to make contributions to an unemployment compensation fund exacted by state statutes. 14. Such notice of assessment was served upon International Shoe’s salesperson and a copy of the notice was mailed to International Shoe 15. International Shoe moves to set aside the order that service upon the salesperson was the proper service. 16. The corporation refused to pay, arguing that they were not conducting business in Washington and thus the State had no jurisdiction over it. 17. International Shoe insists that its activities within the state were not sufficient to manifest its "presence" there, and that, in its absence, the state courts were without jurisdiction, that, consequently, it was a denial of due process for the state to subject International Shoe to suit.
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  • Spring '18
  • Karaos

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