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Gray. What States are Involved. Illinois Boiler bought Valve malfunctioned Boiler blew up P injured P sues. Pennsylvania Boiler Mfr Inc’d Valve Mfr sold valve Valve put in boiler. Ohio -- Valve Made -- Valve Mfr Served. Where did tortious act “occur”. Illinois
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What States are Involved • Illinois • Boiler bought • Valve malfunctioned • Boiler blew up • P injured • P sues • Pennsylvania • Boiler Mfr Inc’d • Valve Mfr sold valve • Valve put in boiler Ohio -- Valve Made -- Valve Mfr Served
Where did tortious act “occur” • Illinois • Last event (injury) • Pennsylvania • Tortious physical conduct • Bad valve installed • Bad valve shipped Ohio – TPC (bad valve mfrd)
With which of the Four Requirements Does Gray deal? • Proper Notice • Constitutional Basis • Statutory Basis • Proper Venue (No Forum Non-Conveniens)
Defining the Problem • ID crucial statutory language ? • What’s P’s position about it? • What’s D’s position about it? • Types of argument that can be made about it: • Plain language • Other fields • Purposive construction
Statutory/Constitutional Interaction PJ OK where limits overlap Constitutional Limit Statutory Limit
California Type Statutes PJ OK if w/in constitutional limits Constitutional Limit Statutory Limit
Clear Starfish Tort Real Estate Contract Insurance Business Marriage Sex
Fuzzy Starfish Tort Real Estate Contract Insurance Business Marriage Sex Gray
BaCTeRIA, SEX & MARRIAGE • Business • Contracts • Torts • Real Estate • Insurance • Act of Sex (at or near conception) • Living in Marriage (limited)
Grocery Hypo & the Starfish Tort Real Estate Contract Insurance Business Marriage Sex