Jurisdiction in Shaffer v. Heitner and World-Wide Volkswagen v. Woodson, Slides of Civil procedure

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Shaffer v. Heitner

(US 1977)

I would explicitly reserve judgment... on whether the ownership of some forms of property whose situs is indisputably and permanently located within a State may, without more, provide the contacts necessary to subject a defendant to jurisdiction within the State to the extent of the value of the property. In the case of real property, in particular, preservation of the common law concept of quasi in rem jurisdiction arguably would avoid the uncertainty of the general International Shoe standard without significant cost to “traditional notions of fair play and substantial justice. Shaffer v. Heitner pp. 591 (Powell, J. concurring)

This argument is undercut by the failure of the Delaware Legislature to assert the state interest appellee finds so compelling. Delaware law bases jurisdiction not on appellants' status as corporate fiduciaries, but rather on the presence of their property in the State. Although the sequestration procedure used here may be most frequently used in derivative suits against officers and directors, the authorizing statute evinces no specific concern with such actions.

specific jurisdiction

out-of-state activities having in-state

effects

Okla.Stat., Tit. 12, § 1701.03(a)(4) (1971) A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action or claim for relief arising from the person's... causing tortious injury in this state by an act or omission outside this state if he regularly does or solicits business or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state... .

Even if the defendant would suffer minimal or no inconvenience from being forced to litigate before the tribunals of another State; even if the forum State has a strong interest in applying its law to the controversy; even if the forum State is the most convenient location for litigation, the Due Process Clause, acting as an instrument of interstate federalism, may sometimes act to divest the State of its power to render a valid judgment.

stream of commerce

This is not to say, of course, that

foreseeability is wholly irrelevant. But

the foreseeability that is critical to due

process analysis is not the mere

likelihood that a product will find its

way into the forum State. Rather, it is

that the defendant's conduct and

connection with the forum State are

such that he should reasonably

anticipate being haled into court there.