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Yahoo! Inc. v. La Ligue Contre le Racisme et L’Antisemitisme
CitationYahoo!, Inc. v. La Ligue Contre Le Racisme et L’Antisemitisme, 169 F. Supp. 2d 1181, 2001 U.S. Dist. LEXIS 18378, 30 Media L. Rep. 1001 (N.D. Cal. Nov. 7, 2001). Brief Fact Summary [Facts not stated in casebook excerpt, but case is an appeal of the judgment by a French court in LICRA et UEJF v. Yahoo! Inc. Yahoo! appealed on grounds that compliance interfered with U.S. constitutional free speech guarantees.] Synopsis of Rule of Law Principles of comity do not require the United States to permit foreign regulation of speech by a United States resident within the United States on ...
World-Wide Volkswagen Corp. v. Woodson
CitationWorld-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S. Ct. 559, 62 L. Ed. 2d 490, 1980 U.S. LEXIS 65 (U.S. Jan. 21, 1980) Brief Fact Summary World-Wide Volkswagen (WWV) (Plaintiff) challenged an Oklahoma district court’s (Defendant) in personam jurisdiction in a products liability action brought by Robinson on the grounds that World-Wide Volkswagen’s (Plaintiff) only contacts with Oklahoma was that Robinson bought a World-Wide Volkswagen (Plaintiff) car in New York and drove it through Oklahoma. Synopsis of Rule of Law A state court may exercise personal jurisdictio ...
Tennessee Coal, Iron & R.R. Co. v. George
CitationTennessee C. I. & R. Co. v. George, 233 U.S. 354, 34 S. Ct. 587, 58 L. Ed. 997, 1914 U.S. LEXIS 1255 (U.S. Apr. 13, 1914) Brief Fact Summary George (Plaintiff) was employed by Tennessee Coal, Iron & R.R. Co. (Defendant) in Alabama when he was injured on the job. He sued in Georgia under an Alabama statute holding the employer liable for injuries caused by defective equipment. Synopsis of Rule of Law A transitory cause of action can be maintained in another state, even though the statute creating the cause of action provides that the action must be maintained in l ...
Supreme Court of N.H. v. Piper
CitationSupreme Court of New Hampshire v. Piper, 470 U.S. 274, 105 S. Ct. 1272, 84 L. Ed. 2d 205, 1985 U.S. LEXIS 59, 53 U.S.L.W. 4238 (U.S. Mar. 4, 1985) Brief Fact Summary Piper (Plaintiff), a Vermont resident, was denied permission to apply to the New Hampshire bar because of her nonresidency. Synopsis of Rule of Law A state may not disqualify a bar applicant because of nonresidency. ...
Shaffer v. Heitner
CitationShaffer v. Heitner, 433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683, 1977 U.S. LEXIS 139 (U.S. June 24, 1977) Brief Fact Summary Heitner (Plaintiff) brought a derivative suit against Greyhound (Defendant) directors for antitrust losses it had sustained in Oregon. The suit was brought in Delaware, Greyhound’s (Defendant) state of incorporation. Synopsis of Rule of Law Jurisdiction cannot be founded on property within a state unless there are sufficient contacts within the meaning of the test developed in International Shoe. ...
Piper Aircraft v. Reyno
CitationPiper Aircraft Co. v. Reyno, 454 U.S. 235, 102 S. Ct. 252, 70 L. Ed. 2d 419, 1981 U.S. LEXIS 133, 50 U.S.L.W. 4055 (U.S. Dec. 8, 1981) Brief Fact Summary A plane crashed in Scotland killing six Scottish people. A wrongful death lawsuit was filed in a U.S. court on behalf of the decedents. Defendants were named as the makers of the plane and the propeller, both companies based in the United States. The trial court granted the defendants’ motion to dismiss, on forum non conveniens grounds. The federal court of appeals reversed a ...
Phillips v. General Motors Corp.
CitationPhillips v. GMC, 995 P.2d 1002, 2000 MT 55, 298 Mont. 438, 2000 Mont. LEXIS 54, 57 Mont. St. Rep. 259, CCH Prod. Liab. Rep. P15,758 (Mont. Mar. 7, 2000) Brief Fact Summary Phillips (Plaintiff), the legal guardian of the sole survivor of a traffic accident and personal representative of the estates of the survivor’s parents who died in the crash, brought suit against General Motors (GM) (Defendant) for personal injury, product liability, and wrongful death in Montana, where the accident victims resided. Synopsis of Rule of Law In a case where a potential conflict of laws exists, ...
Phillips Petroleum Co. v. Shutts
CitationPhillips Petroleum Co. v. Shutts, 472 U.S. 797, 105 S. Ct. 2965, 86 L. Ed. 2d 628, 1985 U.S. LEXIS 104, 53 U.S.L.W. 4879, 85 Oil & Gas Rep. 486, 2 Fed. R. Serv. 3d (Callaghan) 797 (U.S. June 26, 1985) Brief Fact Summary Phillips (Defendant) argued the trial court erred in applying Kansas law to Shutt’s (Plaintiff) class claim for interest on royalty payments. Synopsis of Rule of Law In a class action involving plaintiffs from several states, the application of one state’s substantive law rests upon whether that state has significant contact and interest making the cho ...
Pfau v. Trent Aluminum Co.
CitationPfau v. Trent Aluminum Co., 55 N.J. 511, 263 A.2d 129, 1970 N.J. LEXIS 166 (N.J. 1970) Brief Fact Summary Trent Aluminum (Defendant), sued for personal injury, argued that a foreign state’s choice-of-law rule should be applied if its substantive law were to be applied. Synopsis of Rule of Law The substantive law of a state may be applied without also applying its choice-of-law rules. ...
Paul v. National Life
CitationPaul v. National Life, 177 W. Va. 427, 352 S.E.2d 550, 1986 W. Va. LEXIS 595, 63 A.L.R.4th 155 (W. Va. Dec. 19, 1986) Brief Fact Summary Paul’s survivors (Plaintiff) argued that the lex loci delicti rule for choice of law should be rejected. Synopsis of Rule of Law The lex loci delicti rule for choice of law should be applied, except when a state public policy would be violated by doing so. ...
Mikovich v. Saari
CitationMilkovich v. Saari, 203 N.W.2d 408, 295 Minn. 155, 1973 Minn. LEXIS 1278 (Minn. 1973) Brief Fact Summary Milkovich (Plaintiff), a resident of Canada, was injured in Saari’s (Defendant) automobile, when it crashed in Minnesota, a state with no guest statute. Synopsis of Rule of Law To determine choice of law, a court should consider (1) predictability of results; (2) maintenance of interstate and international order; (3) simplification of a judicial task; (4) advancement of the forum’s governmental interests; and (5) application of the better rule of law. ...
Lilienthal v. Kaufman
CitationLilienthal v. Kaufman, 239 Ore. 1, 395 P.2d 543, 1964 Ore. LEXIS 464 (Or. 1964) Brief Fact Summary Kaufman (Defendant), an Oregon resident, had been declared a spendthrift under Oregon law and for his protection a guardian was appointed. He went to California and borrowed money from Lilienthal (Plaintiff) to finance a business venture. Synopsis of Rule of Law In an interstate contract dispute, where two states have an equal balance of interests in application of their own laws, the forum is privileged to apply its own law in order to advance its own public policy. ...
Jepson v. General Casualty Co. of Wisconsin
CitationJepson v. General Casualty Co., 513 N.W.2d 467, 1994 Minn. LEXIS 179 (Minn. Mar. 25, 1994) Brief Fact Summary Jepson (Plaintiff), who lived in Minnesota near the North Dakota border and purchased auto insurance through an agent in Minnesota, was injured in an accident in Arizona and then sought to benefit from the law in Minnesota, which permitted stacking of benefits, while North Dakota law did not. Synopsis of Rule of Law In determining choice of law rules, the following must be considered: predictability of result, maintenance of interstate and international order, simplification ...
In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979
CitationIn re Air Crash Disaster near Chicago, 644 F.2d 594, 1981 U.S. App. LEXIS 21289, 16 Av. Cas. (CCH) P17,122 (7th Cir. Ill. Jan. 5, 1981) Brief Fact Summary After the crash of a DC-10 jet airplane built by McDonnell Douglas Corporation (MDC) (Defendant), the relatives of the deceased passengers were awarded punitive damages and compensatory damages, in suits alleging wrongful death. Synopsis of Rule of Law In applying choice of law rules, dépeçage, the process of applying rules of different states on the basis of the precise issue involved, is appropriate. ...
Hughes v. Fetter
CitationHughes v. Fetter, 341 U.S. 609, 71 S. Ct. 980, 95 L. Ed. 1212, 1951 U.S. LEXIS 1728 (U.S. June 4, 1951) Brief Fact Summary Hughes (Plaintiff), a resident of Illinois, was killed in an automobile accident in that state by Fetter (Defendant), a Wisconsin resident. Plaintiff’s administrator brought a wrongful death suit against Defendant in Wisconsin, although Wisconsin law prohibited such suits for deaths outside Wisconsin. Synopsis of Rule of Law While the Full Faith and Credit Clause does not require the forum state to give force to a sister state’s law that ...
Home Ins. Co. v. Dick
CitationHome Ins. Co. v. Dick, 281 U.S. 397, 50 S. Ct. 338, 74 L. Ed. 926, 1930 U.S. LEXIS 396, 74 A.L.R. 701 (U.S. May 5, 1930) Brief Fact Summary Dick (Plaintiff) brought suit against Home Insurance Co. (Defendant), a New York Company, in Texas on a policy of fire insurance issued in Mexico on a boat located there. Plaintiff sued within the Texas statute of limitations but beyond the period specified in the insurance contract. Synopsis of Rule of Law A state may impose its laws and regulations to change the terms of a contract sued upon in its courts only where the contract wa ...
Helicopteros Nactionales de Colombia, S.A. v. Hall
CitationHelicopteros Nacionales De Colombia v. Hall, 466 U.S. 408, 104 S. Ct. 1868, 80 L. Ed. 2d 404, 1984 U.S. LEXIS 68, 52 U.S.L.W. 4491 (U.S. Apr. 24, 1984) Brief Fact Summary Helicopteros Nacionales de Colombia, S.A. (Helicol) (Defendant) argued the Texas courts lacked personal jurisdiction over it due to a lack of minimum contacts with the state. Synopsis of Rule of Law A defendant’s contacts with the forum state must constitute continuous and systematic general business contacts in order for the forum state to exercise personal jurisdiction over it. ...
Fauntleroy v. Lum
CitationFauntleroy v. Lum, 210 U.S. 230, 28 S. Ct. 641, 1908 U.S. LEXIS 1506, 52 L. Ed. 1039 (U.S. May 18, 1908) Brief Fact Summary Lum (Plaintiff) brought suit in Mississippi to enforce a Missouri judgment in his favor arising out of a contract that was executed and performed in Mississippi but no enforceable there because of illegality. Synopsis of Rule of Law A judgment rendered by a court of competent jurisdiction in one state is entitled to full faith and credit in another state as long as there are no errors of law in the judgment or the fact that the underlying cause of action is proh ...
Erwin v. Thomas
CitationErwin v. Thomas, 264 Ore. 454, 506 P.2d 494, 1973 Ore. LEXIS 478 (Or. 1973) Brief Fact Summary Erwin’s (Plaintiff) husband, a resident of Washington, was injured in Washington by Thomas (Defendant), an Oregon resident, for which Plaintiff sued in Oregon for loss of her husband’s consortium, a cause of action not available to wives in Washington. Synopsis of Rule of Law In the trial of an action, the law of the forum state should be applied when no state has a legitimate interest in the application of its law. ...
Burnham v. Superior Court of California
CitationBurnham v. Superior Court of Cal., 495 U.S. 604, 110 S. Ct. 2105, 109 L. Ed. 2d 631, 1990 U.S. LEXIS 2700, 58 U.S.L.W. 4629 (U.S. May 29, 1990) Brief Fact Summary Burnham (Defendant) argued that service of process upon him while he was present in the forum state was invalid because he lacked minimum contacts in the state. Synopsis of Rule of Law A state does not need minimum contacts with a defendant to exercise jurisdiction over him if he is served with process while physically present in the state. ...
Burger King Corp. v. Rudzewicz
CitationBurger King Corp. v. Rudzewicz, 471 U.S. 462, 105 S. Ct. 2174, 85 L. Ed. 2d 528, 1985 U.S. LEXIS 14, 53 U.S.L.W. 4541 (U.S. May 20, 1985) Brief Fact Summary. Rudzewicz (Defendant) argued that the district court’s exercise of personal jurisdiction over him violated due process. Synopsis of Rule of Law A choice of law provision in a contract may be considered in determining whether a defendant has purposely made use of the benefits and protections of the forum state and therefore the forum state may exercise personal jurisdiction over him. ...
Bradford Electric Light Co. v. Clapper
CitationBradford Electric Light Co. v. Clapper, 286 U.S. 145, 52 S. Ct. 571, 76 L. Ed. 1026, 1932 U.S. LEXIS 599, 82 A.L.R. 696 (U.S. May 16, 1932) Brief Fact Summary Bradford Electric Light Co. (Defendant) argued that New Hampshire was bound to give effect to a defense existing under the law of Vermont, where both it and Clapper (Plaintiff) were domiciled. Synopsis of Rule of Law When the litigants in a suit live in a state different than the forum and that state provides a defense to the cause of action, the forum state is required to allow the defense to be raised. ...