Every state now has a statute titled Non Resident Motorist Act By driving a

Every state now has a statute titled non resident

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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)
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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.”
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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?
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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.
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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
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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
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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
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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.”
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  • Spring '10
  • RANDALLKELSO

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