CIVIL PROCEDURE CLASS 34

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CIVIL PROCEDURE CLASS 34

• Professor Fischer
• Columbus School of Law
• The Catholic University of America
• November 9, 2005

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WORLD-WIDE VOLKSWAGEN V. WOODSON

• RECAP

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Burger King Corp. v. Rudzewicz (1985)

• What were Burger Kings claims against sue
  Rudzewicz and MacShara? What were Rudzewiczs
  counter-claims?
• Why did the federal district court for the S.D.
  of Florida have subject-matter jurisdiction?
• BK (FL/FL) v. R (MI) and M (MI)

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Rudzewiczs contacts with Florida

• List Mr. Rudzewiczs contacts/lack of contacts
  with Florida.
• Had he ever traveled to Florida?

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HAVE IT YOUR WAY????

• According to the majority of the Supreme Court,
  did the District Courts exercise of jurisdiction
  under the Florida long-arm statute violate due
  process? Why or why not?
• How many Supreme Court justices dissented in this
  case? Why do they dissent?

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BRENNANS 2 STAGE REASONING

• Brennan employed a 2 step analysis to determine
  that the exercise of long-arm jurisdiction did
  not violate due process

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CONTACTS TO CONSIDER IN A CONTRACT CASE

• Cant look at contract alone- it wont be enough
  to result in constitutionality of jurisdiction
  over out-of-state D
• Must also consider prior negotiations,
  contemplated future consequences, terms of
  contract, parties normal course of dealing

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CHOICE OF LAW CLAUSE

• Court says when combined with the 20-year
  interdependent relationship Rudzewicz established
  with Burger Kings headquarters, it reinforced
  his deliberate affiliation with the forum state
  and the reasonable foreseeability of possible
  litigation there.