Case Brief #1 & 2. World-Wide Volkswagen Corp v. Woodson (Coursework Sample)
World-Wide Volkswagen Corp v. Woodson, 444 U.S. 286 (1980).
Harry and Kay Robinson purchased a vehicle in New York in 1976. The following year they were driving the vehicle to their new home in Arizona. On their way to Arizona, they were passing through Oklahoma when they were struck by a drunk driver. The collision caused the vehicle’s doors to lock and a puncture in the car’s gas tank. As a result, a fire severely burned Ms. Robinson and her children.
Does Worldwide Volkswagen have sufficient “minimum contacts” with Oklahoma that would allow Oklahoma State courts to have jurisdiction?
No, Oklahoma state courts do not have jurisdiction over this matter because World-Wide does not have sufficient “minimum contacts” with the forum state.
A state court can exercise personal jurisdiction over a NON-RESIDENT defendant only if there are “minimum contacts” between the defendant and the forum state. Thus, the court must evaluate whether the actions of the defendant constitute “minimum contacts.”
The defendants did not solicit business in the state of Oklahoma through salespersons or advertising reasonably calculated to reach the state. The dealership was located in New York. It employed citizens from the surrounding areas to work at its location. It did not have a location in Oklahoma. It did not pay taxes in Oklahoma. It did not try to solicit business from Oklahoma.
The fact that a vehicle is mobile and could end up in the forum state does not qualify as the defendant having minimum contacts. Despite the fact that this is foreseeable, foreseeability alone cannot provide the basis of personal jurisdiction if there are no other contacts with the forum state.
The court shall not focus on the mere likelihood that a product will be found in a state; rather, it shall evaluate the defendant’s conduct and connection within the state. The court determined that a defendant should reasonably anticipate being brought into court there. The mere fact that a party brought the defendant’s product into a state does not meet this test.
Please combine BOTH case briefs and turn in both in ONE Word Document.
Chapter 6: Legal Issues in International Transportation
Chapter 8: National Lawmaking Powers and the Regulation of US Trade
Chapter 9: World Trade Organization: Basic Legal Principles
Chapter 12: Imports, Customs, and Tariff Law
Chapter 1 Powerpointsfile
Chapter 2 Powerpointsfile
Chapter 3 Powerpointsfile
Chapter 4 Powerpointsfile
CASE BRIEF #1 & 2
Tarbert. Trading,. Ltd. v. Cometals,. Inc. 663 F. Supp. 561 (1987) United States District Court (S.D.N.Y.
Cometals (ETC New York) purchased 1200 tons of Kenyan red beans from Tarbert. Trading (ETC United Kingdom), and the beans were then to be shipped warehouse in Rotterdam (the Netherlands) Cometals purchased for resale to a Colombian client, but the Colombian government required a certificate of origin issued from the Chamber of Commerce, which indicated that the beans were from the European Economic Community (EEC) now the European Union (EU). Subsequently, Cometals asked Tarbert to provide a certificate, which Tarbert agreed and the employees of the two firms worked together to facilitate this even as the beans originated from Africa. There was insect damage and Cometals refused the beans, which promoted Tarbert to sue. Kenya is an East African country and not an EEC member and Cometals could not have obtained valid certificate from the Chamber of Commerce.
You Might Also Like Other Topics Related to drunk driving:
- Georgia Tech Application. IT & Computer Science EssayDescription: Throughout the years, I have always believed that progress and service are two sides of the same coin. On the one hand, progress is the driving force behind every social and technological improvements that happen within the society....1 page/≈275 words | Other | IT & Computer Science | Essay |
- Final exam. Beat Kumin. Early Modern Europe. Women and Early ModernityDescription: Beat Kumin means that Modern Europe was a dynamic period that was relevant as part of historical research through the statement to portray the early modern period in its own right....4 pages/≈1100 words | MLA | History | Essay |
- Change Initiative: Creating Vision Health, Medicine, Nursing EssayDescription: The Houston Methodist Hospital is a flagship hospital of Houston Methodist that was founded in 1919. It is located in Texas and boasts of being one of the best hospitals in the country. According to an article by the US News, the Houston Methodist Hospital is “ranked No.20 on the Best Hospitals Honor Roll....5 pages/≈1375 words | APA | Health, Medicine, Nursing | Other (Not Listed) |