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Worldwide Volkswagen

Worldwide Volkswagen. With which of the Four Requirements Does Worldwide deal?. Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum Non-Conveniens). What Happened?. Defendants. Audi & VW – Manufacturers Seaway Car Dealer NY Corporation NY PPB World Wide

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Worldwide Volkswagen

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  1. Worldwide Volkswagen

  2. With which of the Four Requirements Does Worldwide deal? • Proper Notice • Constitutional Basis • Statutory Basis • Proper Venue (No Forum Non-Conveniens)

  3. What Happened?

  4. Defendants • Audi & VW – Manufacturers • Seaway • Car Dealer • NY Corporation • NY PPB • World Wide • Distributor (NY, NJ, Conn) • NY Corp • NY PPB

  5. Seaway / WW Contacts with Oklahoma • Sold car that was taken to state • Only one to ever enter state?? • Forseeable that some cars would be taken to state • No business in state • No sales in state • No agents or offices in state • No ads designed to reach state

  6. Argue that Oklahoma is a fair location to try the suit.

  7. Argue that Oklahoma is not a fair location to try the suit.

  8. Is the Worldwide court applying Power Theory? Reasonableness Theory? Something new?

  9. What does Worldwide add? • Purposeful availment (in some sense) will be required even if • Forum is the most reasonable • D is not inconvenienced • Forum state has strong interest

  10. Phrases to watch? • Purposeful availment • Seeking to serve • Forseeability of being haled into court • Delivery into stream of commerce

  11. Grocery Hypo Under Worldwide

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