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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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