Beruflich Dokumente
Kultur Dokumente
Woodson
Facts: Robinsons purchased a car from Seaway (car retailer) in New York. They
drove the car in Oklahoma and there were involved in an accident which severely
burned wife and children. They were still citizens of NY (motts v perry - you
have your old domicile until you establish a new one). Robinsons then brought a
product-liability action in a district court in Oklahoma against petitioners,
among others. World-Wide Volkswagen Corp. (regional distributor) joined with the
petitioner, Seaway and made a special appearance, claiming that Oklahoma does not
have jurisdiction over them. They were denied here. Seaway is incorporated in NY,
has its primary place of business there, and has primary business dealings with
NY, NJ, and CT. Petitioners never had any business in or with Oklahoma, and never
set foot there. Also, there no showing that any automobile sold by petitioner
ever before entered Oklahoma until this incident. Petitioners sought of writ of
prohibition in the Oklahoma Supreme Court, judge Woodson, but this was denied
because Oklahoma court said that due to the nature of an automobile, it would
should be assumed that it may make its way into Oklahoma. Also car retailers
gained profit from selling this vehicle, that was used in Oklahoma. Petitioners
then were granted certiorari, and the case is now before the U.S. supreme court.
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CLASS NOTES
Oklahoma statute says state has jurisdiction over a party in the state, if they
derive substantial profit from the business.
It's likely that 2 lawsuits would be required, or possible that there is personal
jurisdiction in NY. Problem for party due to travel expenses. Solved by federal
action, but no jurisdiction. Supplemental jurisdiction still wont solve this
problem. If I want to pursue this, very likely to have 2 lawsuits.
From the point of view of the defendant, poor local retailer being dragged to
Oklahoma. - fail the fairness test. Retailer has no inconvenience because they
have an insurance company to deal with this.
Oklahoma has interest in this. They care about the safety in their state. Policy
of personal jurisdiction so that not just any state can get jurisdiction, but
Oklahoma is involved in this.
Ex. If you send a child to ca you are not purposeful available to become under CA
jurisdiction, because you are not benefitting. No purposeful availment.