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CIVIL PROCEDURE CLASS 34. Professor Fischer Columbus School of Law The Catholic University of America November 9, 2005. WORLD-WIDE VOLKSWAGEN V. WOODSON. RECAP. Burger King Corp. v. Rudzewicz (1985).

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civil procedure class 34

CIVIL PROCEDURE CLASS 34

Professor Fischer

Columbus School of Law

The Catholic University of America

November 9, 2005

burger king corp v rudzewicz 1985
Burger King Corp. v. Rudzewicz (1985)
  • What were Burger King’s claims against sue Rudzewicz and MacShara? What were Rudzewicz’s 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)
rudzewicz s contacts with florida
Rudzewicz’s contacts with Florida
  • List Mr. Rudzewicz’s contacts/lack of contacts with Florida.
  • Had he ever traveled to Florida?
have it your way
“HAVE IT YOUR WAY”????
  • According to the majority of the Supreme Court, did the District Court’s 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?
brennan s 2 stage reasoning
BRENNAN’S 2 STAGE REASONING
  • Brennan employed a 2 step analysis to determine that the exercise of long-arm jurisdiction did not violate due process
contacts to consider in a contract case
CONTACTS TO CONSIDER IN A CONTRACT CASE
  • Can’t look at contract alone- it won’t 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
choice of law clause
CHOICE OF LAW CLAUSE
  • Court says “when combined with the 20-year interdependent relationship Rudzewicz established with Burger King’s headquarters, it reinforced his deliberate affiliation with the forum state and the reasonable foreseeability of possible litigation there.”
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