Rationale for Correct Answer ANALYSIS. This question explores the current state of stream-of-commerce jurisdiction after the Court’s split decision in J. McIntyre. is not right. The logic of Justice Kennedy’s opinion in J. McIntyre (echoing Justice O’Conn
has jurisdiction over Atlanta Precision, because it is an American company, unlike Asahi and J. McIntyre.
cannot exercise jurisdiction over Atlanta Precision, because its contacts with Maryland are insufficient under the minimum contacts test.
has jurisdiction over Atlanta Precision, because it sold its machines in large quantities to a distributor which it expected to resell in other states.
has jurisdiction over Atlanta Precision, because it could foresee that Emporia, which is based in Pennsylvania, would resell Atlanta Precision’s machines into nearby Maryland.
Rationale for Correct Answer There is a significant difference here that would likely lead to a different outcome. In this example Atlanta Precision has focused on Maryland sales and has taken action to promote them. It has not cast its products into the
has jurisdiction over Atlanta Precision, because it has purposely engaged in conduct calculated to serve the market for its products in Maryland.
lacks jurisdiction over Atlanta Precision, because it has not reached into Maryland to promote its products.
lacks jurisdiction over Atlanta Precision, because only five of its presses were resold in Maryland.
has jurisdiction over Atlanta Precision, because five of its presses were resold in Maryland.
Rationale for Correct Answer ANALYSIS. , of course, is a throwaway. A defendant can establish contacts that give rise to litigation in the course of a short visit to a state or without visiting it at all. Consider a defendant who makes a single defamatory
will not be subject to personal jurisdiction in the California action, because it would greatly inconvenience Mary, a woman of limited means, to defend the case in California.
will be subject to personal jurisdiction in California in this action, even though it will be inconvenient for her to defend the case there.
has minimum contacts with California that gave rise to the claim, but it would not be reasonable to force her to defend the action in California, given Exxon Mobil’s ample resources to bring suit in Massachusetts.
will not be subject to personal jurisdiction in the California action, because she was only in California for a few days.
Rationale for Correct Answer ANALYSIS. In , jurisdiction is not based on general in personam jurisdiction. Indeed, it is not based on in personam jurisdiction at all. It is an exercise of in rem jurisdiction, based not on bringing the defendant before the
Cartwright sues Skilful Electric Tool Company in Michigan for injuries he suffered there using a Skilful saw he bought in Michigan. Skilful, incorporated in Delaware, manufactures its tools in Tennessee, and sells them to wholesalers around the United States. The wholesalers resell Skilful products in all states. Skilful advertises its saws in Michigan. About thirty Skilful saws are sold there every year.
Johnston brings an action in New Mexico against Moreno, a Texas citizen, for breach of a contract they entered into in Texas, in which Moreno agreed to sell Johnston a painting. He obtains jurisdiction by attaching a time share Moreno owns at a condominium complex in the New Mexico mountains.
Truscott sues Mancini Motors, the Texas antique car company, in Texas. He seeks damages for misrepresentations a Mancini salesperson made to him at a Mancini dealership in California, which led him to purchase a car at the California dealership.
Truscott sues Mancini Motors, a Texas corporation that sells antique cars at its dealerships in Texas and California. Truscott sues in New Mexico, for injuries he suffered in New Mexico while driving a 1964 Ford Mustang that Mancini had advertised in New Mexico, sold to Truscott, and shipped to him in New Mexico. Truscott serves Mancini with process in the action at the Texas dealership. Mancini has no place of business in New Mexico, but sells three or four cars a year there.
Rationale for Correct Answer ANALYSIS. Let’s go through the choices in order. It is quite clear that is wrong. General jurisdiction—that is, jurisdiction that does not arise out of the defendant’s in-state contacts—must be based on substantial and continu
has general in personam jurisdiction over Francis, but probably does not have general in personam jurisdiction over Marathon.
has personal jurisdiction over Marathon based on specific jurisdiction, since Marathon knew that Partlett used Marathon cranes in all midwestern states.
has personal jurisdiction over Marathon based on general jurisdiction.
has jurisdiction over Marathon because, unlike Asahi, it would not be unreasonable to require Marathon to come from Canada to nearby Minnesota.
lacks personal jurisdiction over either defendant.
Rationale for Correct Answer ANALYSIS. In his majority opinion, Justice Marshall suggested that exercises of in rem jurisdiction would have to be measured by the same standards as exercises of in personam jurisdiction. Thus, attachment jurisdiction is not
All of the above.
Consolidated Equipment Company sells Roux a construction crane in Iowa, on an installment contract, subject to a right of repossession for nonpayment. Roux fails to pay. Consolidated brings an action in Nebraska to obtain clear title to the crane, and obtains a writ from the court attaching the crane while present on a job in Nebraska.
Ohora brings an action to quiet title to her Nebraska farm in a Nebraska court. She gives notice of the action by mail to Roux, who lives in New York but claims a one-third interest in the farm inherited from a great aunt. She also gives notice by publication to unknown claimants to the property.
Ohora is injured when she falls in a hole while crossing the lawn in front of Roux’s summer house in Nebraska. She sues Roux in Nebraska for her injuries and asserts jurisdiction by obtaining a writ of attachment on the property on which she was injured.
None of the above.
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