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All main topics / Law / Civil Law / Civil Procedure 1L
Burger King v. Rudzewicz
Purposeful availment + reasonableness

BK wants to sue in FL against franchisees who live in MI – have choice of law clause (all of our Ks will be governed by FL law), but no forum selection clause – FL is proper jdx

Has there been purposeful availment?  (franchisees availed selves to benefits/protections of FL law)

Did the D enter into a long-term relationship w/ the forum state?  Like through a K? yes, D reached out to forum by signing franchise K

Was the D put on adequate notice that could be subject to suit in forum state?
o Purposeful availment gives Ds fair warning that a particular activity may subject them to jdx in a foreign state
o Even if there IS purposeful availment, does it pass the REASONABLENESS test – would assertion of pjdx comport w/ “fair play and substantial justice”?
1 - Burden on Δ to defend in forum
2 - Forum state’s interest in adjudicating the dispute
3 - P’s interest in obtaining convenient & effective relief – burden on P to go elsewhere
4 - Interstate judicial system’s interest in obtaining the most efficient resolution of the controversy
5 - Shared interest of the several states in furthering fundamental substantive social policies
o Claims related to the forum contacts that satisfy the purposeful availment requirement = specific jdx
Tags: Jdx
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




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