The 5th amendment is with the US, and minimum contacts with the US. The fed cts must apply state law, rule 4K1A. ?Personal jdx = basis + notice ?Fed cts – always have a basis with people in US. Rule 4k puts limits on when D can be given notice.
A fed ct is only allowed to give notice only if a state ct is allowed to give notice. Rule 4 is federal notice. ?Fed cts borrow state personal jdx law because of LAS and 14th. Rule 4 directs this result. -McGee case: represents the outer parameters of minimum contacts.
Here, McGee sues from CA and insurance company based in TX. The insurance company solicited people in CA, so Sup Ct said there was jdx.One contract was enough for jdx. -Hanson limits the min contacts a little, so not everything can sued upon as in McGee.
The trustee had a relationship with Donner in Florida, and can expect to be sued there. Did not however, expect to be sued in Delaware by the bad sisters for the estate. We want to make sure that we do not encroach on state boundaries. -Burger King case: The D interacted with Florida consistently for businesses, attended Burger school in Florida, dealt with the corporate offices – so substantial min contacts.
Principle – one contact is not enough, we want to look at lots of money or lengthy duration. If you want something, you have the burden of proof. oIf it is found that minimal contacts existThis type of buyer CAN expect to be hauled into another state’s cts. cases – Gray, WWW, Asahi -In Gray, P was injured by water heater.
Sued Titan valves. Ct said that the valve was put into the stream of commerce, you were making money, and you knew it was possible to go to all 50 states. Since you purposefully put valve into stream of commerce, you should be held responsible. This is a very open case like McGee for insurance contract.
May be too wide open. -WWW case: The ct said that there was no jdx since it was the unilateral act of the consumers that took the car to Oklahoma.If the importer and distributor would have been included there might be jdx because they tried to sell cars everywhere. Here, the accident was in Oklahoma and the ct said no jdx over Seeway or WWVW because there was no purposeful availment.
oMust look at the direct/indirect serving of a market to help determine jdx. -Keeton case: P brings suit against Hustler mag under libel action. Hustler contacts with NH – distributed 10-15K magazines per month. oThere is jdx because they are directly serving the market, oThe injury is in NH oIt is specific because the COA arised out of the distribution of these mags.
NOTE: if the only reason the magazines got to NH was because someone took them there, there would NOT
