Helicopteros topic one the general jurisdiction alternative
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Helicopteros Topic One: The General Jurisdiction Alternative PowerPoint PPT Presentation


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Helicopteros Topic One: The General Jurisdiction Alternative. Helicopteros: Which Key?. Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction. Helicopteros & General Jurisdiction.

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Helicopteros Topic One: The General Jurisdiction Alternative

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Helicopteros topic one the general jurisdiction alternative

HelicopterosTopic One: The General Jurisdiction Alternative


Helicopteros which key

Helicopteros: Which Key?

  • Transient Jurisdiction

  • Domicile Jurisdiction

  • Consent Jurisdiction

  • Long-Arm Jurisdiction

  • General Jurisdiction


Helicopteros general jurisdiction

Helicopteros & General Jurisdiction

  • At some point, D’s contacts with the forum state are so “continuous and systematic” that D will be subject to “general” jurisdiction.

  • This gives forum state jurisdiction even over c/a that do not arise out of or relate to D’s contacts with the forum state.

  • Regular purchases & related trips not enough


Helicopteros topic one the general jurisdiction alternative

P sues in Washington


Helicopteros topic two the nexus requirement for specific jurisdiction

HelicopterosTopic Two: The Nexus Requirement for Specific Jurisdiction


Helicopteros which key1

Helicopteros: Which Key?

  • Transient Jurisdiction

  • Domicile Jurisdiction

  • Consent Jurisdiction

  • Long-Arm Jurisdiction

  • General Jurisdiction


Why wasn t there specific jurisdiction

FACTS

Plaintiffs

4 Americans

Hired in TX

Crashed in Peru

Sue in TX

Plaintiff’s ER

Consortio

TX based Joint Venture

D Helicopteros

Columbia Corp

Contract to fly ER’s Employees

80% Copters from TX

Pilots trained in TX

Copters picked up in TX

1 trip to TX for negotiations w/ER

Paid with checks drawn on TX Bank

Why Wasn’t There Specific Jurisdiction?


Nexus phrases

Nexus Phrases

  • Phrases:

    • Arises out of the contacts

    • Relates to the contacts

  • Does majority apply one or more of these standards?

    • According to dissent

    • According to majority

  • Other phrases used

    • Substantial connection

    • Discernible Connection


Standards lower courts have applied

Standards Lower Courts Have Applied

  • Is contact a fact that would ordinarily be alleged in c/a?

  • Is contact an element of c/a?

  • Is contact a “but for cause” of the injury?

  • Is contact a “proximate cause” of the injury?

  • Did contact increase likelihood of a similar injury (even if it didn’t cause this particular one)?


Grocery hypo under each standard

Grocery Hypo Under Each Standard

  • Is contact a fact that would ordinarily be alleged in c/a?

  • Is contact an element of c/a?

  • Is contact a “but for cause” of the injury?

  • Is contact a “proximate cause” of the injury?

  • Did contact increase likelihood of a similar injury (even if it didn’t cause this particular one)?


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