GPO-CONAN-2017-10-15.pdf

Justifying assertion by oklahoma courts of

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justifying assertion by Oklahoma courts of jurisdiction over defen- 948 Keeton v. Hustler Magazine, 465 U.S. 770 (1984) (holding as well that the forum state may apply “single publication rule” making defendant liable for nation- wide damages). 949 Calder v. Jones, 465 U.S. 783 (1984) (jurisdiction over reporter and editor responsible for defamatory article which they knew would be circulated in subject’s home state). 950 Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985). But cf. Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408 (1984) (purchases and training within state, both unrelated to cause of action, are insufficient to justify general in personam jurisdiction). 951 444 U.S. 286 (1980). 2007 AMENDMENT 14—RIGHTS GUARANTEED
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dants. The Court found that the defendants (1) carried on no activ- ity in Oklahoma, (2) closed no sales and performed no services there, (3) availed themselves of none of the benefits of the state’s laws, (4) solicited no business there either through salespersons or through advertising reasonably calculated to reach the state, and (5) sold no cars to Oklahoma residents or indirectly served or sought to serve the Oklahoma market. Although it might have been foreseeable that the automobile would travel to Oklahoma, foreseeability was held to be relevant only insofar as “the defendant’s conduct and connec- tion with the forum State are such that he should reasonably an- ticipate being haled into court there.” 952 The Court in World-Wide Volkswagen Corp. contrasted the facts of the case with the instance of a corporation “deliver[ing] its products into the stream of com- merce with the expectation that they will be purchased by consum- ers in the forum State.” 953 In Asahi Metal Industry Co. v. Superior Court , 954 the Court ad- dressed more closely how jurisdiction flows with products down- stream. The Court identified two standards for limiting jurisdiction even as products proceed to foreseeable destinations. The more gen- eral standard harked back to the fair play and substantial justice doctrine of International Shoe and requires balancing the respec- tive interests of the parties, the prospective forum state, and alter- native fora. All the Justices agreed with the legitimacy of this test in assessing due process limits on jurisdiction. 955 However, four Jus- tices would also apply a more exacting test: A defendant who placed a product in the stream of commerce knowing that the product might eventually be sold in a state will be subject to jurisdiction there only if the defendant also had purposefully acted to avail itself of the state’s market. According to Justice O’Connor, who wrote the opinion espousing this test, a defendant subjected itself to jurisdic- 952 444 U.S. at 297. 953 444 U.S. at 298. 954 480 U.S. 102 (1987). In Asahi , a California resident sued, inter alia , a Tai- wanese tire tube manufacturer for injuries caused by a blown-out motorcycle tire.
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