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Shaffer v. Heitner The Temporary Triumph of Fairness over History

Shaffer v. Heitner The Temporary Triumph of Fairness over History. Chronology. International Shoe 1945 McGee 1957 Hanson 1958 Shaffer 1977 World Wide VW 1980 Helicopteros 1984 Burger King 1985 Asahi 1987 Burnham 1990. Post-Shaffer Uses for QIR.

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Shaffer v. Heitner The Temporary Triumph of Fairness over History

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  1. Shaffer v. HeitnerThe Temporary Triumph of Fairness over History

  2. Chronology • International Shoe 1945 • McGee 1957 • Hanson 1958 • Shaffer 1977 • World Wide VW 1980 • Helicopteros 1984 • Burger King 1985 • Asahi 1987 • Burnham 1990

  3. Post-Shaffer Uses for QIR • Can only be used where long arm or general could be used • Sometimes useful where personal service on D (even outside the state) is difficult or impossible. • Sometimes useful to fill in starfish gaps.

  4. Your Case Statutory Limit Constitutional Limit

  5. BurnhamThe Possible Triumph of History over Fairness

  6. Burnham: Which Key? • Transient Jurisdiction • Domicile Jurisdiction • Consent Jurisdiction • Long-Arm Jurisdiction • General Jurisdiction

  7. H & W move to NJ H&W separate H&W agree that W would file irreconcilable differences divorce Burnham Fact Map W moves to CA Married in W. Va.

  8. Burnham Lawsuit Chart H travels to CA on business & visits kids W serves H in CA H files for divorce (desertion) in NJ W files for divorce (ID) in CA

  9. Conflicting Judicial ApproachesBeyond Liberal vs. Conservative • Nationalism vs. States Rights • Pro-Plaintiff vs. Pro-Defendant • Expansive vs. Narrow View of Due Process Protections • Static (Historical) vs. Dynamic (Current Fairness) View of Due Process

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