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World-Wide Volkswage

Issue: Whether an Oklahoma court may exercise in personam jurisdiction over a non-resident automobile retailer and its wholesale distributor in a products-liability action, when the defendant’s only connection with Oklahoma is the fact that an automobile sold in New York to New York residents became involved in an accident in Oklahoma.

Rule: The substantial connection between defendant and the forum state necessary for a finding of minimum contacts must come about by an action of the defendant purposefully directed toward the forum state. Clear notice that one is subject to suit in that state.

Court must consider the burden on the defendant, the interests of the forum state, and the plaintiff’s interest in obtaining relief. As well as the shared interests of several states in furthering fundamental substantive social policies. A company’s liability does not travel with the product.

a. Foreseeability that product would enter stream of commerce and end up in another state
b. Foreseeing that defendant’s conduct and connection with forum state are such that defendant should reasonably expect being taken to court – clear notice that may end up in court there.
c. Foreseeability alone is not sufficient to establish personal jurisdiction. A defendant’s conduct and connection with forum state should put defendant on notice that he should reasonably anticipate being haled into court in that state. (personal availment vs. unilateral action)


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