Professional Documents
Culture Documents
HOLDING: No PJ in this case because it would violate Due Process Clause of 14th amendment and offend
DISPOSITION: traditional
Concludednotions of fair playmotion
that appellants and substantial
to quash justice
service(shoe).
on lack of PJ was erroneously denied by
cali courts, Judgment of cali supreme court is reversed.
Dissent: 1) Justice
REASONING: Brennan
Essential essentially
criterion saysis the
in all cases SC may
whether thehave gotand
quality it right, butofhe
nature thethinks the connection
Ds activity withit
is such that
is State of caliand
reasonable is not
fairtoo attenuated
to require himand may be reasonable
to conduct his defenseto
indefend in cali.
that state.
2) The unilateral activity of those who claim some relationship with a nonresident D cannot
satisfy the req of contact with the forum State. It is essential in each case that there be some
act by which the D purposefully avails himself of the privilege of conducting activities within
the forum State (Hanson v Denckla).
-this would cause unwanted impact in families
3) Kid purposefully avails, not the father
4) PJ based on The Circs in this case are unreasonable distinguish from Hess & physical injury,
no commercial transactions, no insurer over state, instead this action involves an agreement that
was entered into with virtually no connection with the forum state.
CLASS NOTES:
***Kulko had a broad long arm statute, not one that expressly indicates what the Cali interest is specifically by a statute*
In other words Effects test flies as long as its not unreasonable and having a statute in advance helps make it reasonable*
Also, for effects to work (westlaw), you need intent, effect, and reasonable foreseeing that the effect could have occurred
(mcgee)
So why does she sue in Cali? Convenient for her, P friendly state, long arm statute is broad
Special (not consenting to PJ) v. General (consenting to judgement, which is good according to Penn) appearance
Min contact was developed for orporations in Intl shoe
1st, SC looks at cali long arm statute then applies min contacts test to make sure it doesnt interfere w/ due process
Ps effects test from tort law, when non resident causes an effectin another state, PJ.
-applied to these facts, dad consents to kids going from ny to cali causes a negative effect/injry on mom (she needs to take care
of them) SC does not like the effects test for establishing PJ
Center of gravity and unilateral activity dismissed as well someone who asks unilaterally and invokes J cannot get PJ overD
Is McGee still good law? Distinguish by insurance Co vs person prob more regulates on Incs co than on families
Yes McGee still good law bc its actually upheld here- mcgee talked about evolving standards of due process, and this case of
mere act of sending child is not fair.