• Every state now has a statute titled Non-Resident Motorist Act. By driving a motor vehicle in that state, you have appointed a state officer as an agent for service of process and consented. • STILL consistent with Pennoyer > JUST AN EXPANSION OF TRADITIONAL BASIS • Has implied consent – because you drive on our roads you imply consent and have appointed a state officer as your agent. (Specific PJ—must relate to lawsuit)
Int’l Shoe • International Shoe –the defendant must have SUCH MINIMUM CONTACTS WITH THE FORUM so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. • The court suggested that whether jrsd is permissible depends on the “quality and nature” of the contacts with the state. In some cases, even a single contact will do, but not contacts that are “casual” or “isolated.”
Two Types of Jurisdiction • General – defendant can be sued in this forum for any claim that arose anywhere in the world. • Contacts are NOT related to the claim • Specific – defendant is being sued on a claim that arose in the forum (relatedness) • Contacts ARE related to the claim • If you wanted to bring a claim on behalf of your client, which type of jurisdiction would you prefer? Why?
McGee & Hanson • McGee – implied that a high amount of fair play can make up for low contacts • Hanson – implied high fair play is not enough. • To have a contact, under Shoe, it MUST result from the defendant’s purposeful availment – this means defendant must reach out to the forum for business.
World-wide Volkswagen • “The defendant’s conduct and connection with the forum state are such that he should reasonably anticipate being hauled into court there.” • Its not about whether its foreseeable that the product will get there, rather that its foreseeable they would get sued there. • Fair-Play Factors: • Forum state’s interest in adjudicating the dispute • Plaintiff’s interest in obtaining convenient & effective relief • Interstate judicial system’s interest in obtaining the most efficient resolution of controversies • Shared interest of the states in furthering fundamental substantive social policies
World-wide Volkswagen • Why is WWVW important? • Before WWVW: • Contacts & fair-play factors were taken as equally important • Low-level contact could be offset by large interests in the plaintiff or forum (i.e. fair-play factors) • After WWVW: • A true two-part is used
World-wide Volkswagen • Under WWVW PJ exists where: • (1) Defendant purposefully avails itself to the benefits of the forum state; AND • Balancing of fair-play factors favors jurisdiction (this means jurisdiction is reasonable) look at and balance: • Burden on defendant • Plaintiff’s interest in obtaining convenient and effective relief • Forum state’s interest in adjudicating the dispute • Interstate judicial system’s interest in obtaining the most efficient resolution of controversies • Shared interest of the states in further fundamental substantive social policies
World-wide Volkswagen • Foreseeability: • Foreseeability that a product will end up in the forum state along is NOT enough • Foreseeability is relevant ONLY in terms of whether the “defendant’s conduct & connection with the forum state are such that they should reasonably anticipate being hauled into court there.”
- Spring '10