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Helicopteros Topic One: The General Jurisdiction Alternative

Helicopteros Topic One: The General Jurisdiction Alternative. Helicopteros: Which Key?. Transient Jurisdiction Domicile Jurisdiction Consent Jurisdiction Long-Arm Jurisdiction General Jurisdiction. Helicopteros & General Jurisdiction.

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Helicopteros Topic One: The General Jurisdiction Alternative

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  1. HelicopterosTopic One: The General Jurisdiction Alternative

  2. Helicopteros: Which Key? • Transient Jurisdiction • Domicile Jurisdiction • Consent Jurisdiction • Long-Arm Jurisdiction • General Jurisdiction

  3. Helicopteros & General Jurisdiction • At some point, D’s contacts with the forum state are so “continuous and systematic” that D will be subject to “general” jurisdiction. • This gives forum state jurisdiction even over c/a that do not arise out of or relate to D’s contacts with the forum state. • Regular purchases & related trips not enough

  4. P sues in Washington

  5. HelicopterosTopic Two: The Nexus Requirement for Specific Jurisdiction

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

  7. FACTS Plaintiffs 4 Americans Hired in TX Crashed in Peru Sue in TX Plaintiff’s ER Consortio TX based Joint Venture D Helicopteros Columbia Corp Contract to fly ER’s Employees 80% Copters from TX Pilots trained in TX Copters picked up in TX 1 trip to TX for negotiations w/ER Paid with checks drawn on TX Bank Why Wasn’t There Specific Jurisdiction?

  8. Nexus Phrases • Phrases: • Arises out of the contacts • Relates to the contacts • Does majority apply one or more of these standards? • According to dissent • According to majority • Other phrases used • Substantial connection • Discernible Connection

  9. Standards Lower Courts Have Applied • Is contact a fact that would ordinarily be alleged in c/a? • Is contact an element of c/a? • Is contact a “but for cause” of the injury? • Is contact a “proximate cause” of the injury? • Did contact increase likelihood of a similar injury (even if it didn’t cause this particular one)?

  10. Grocery Hypo Under Each Standard • Is contact a fact that would ordinarily be alleged in c/a? • Is contact an element of c/a? • Is contact a “but for cause” of the injury? • Is contact a “proximate cause” of the injury? • Did contact increase likelihood of a similar injury (even if it didn’t cause this particular one)?

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