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Can someone explain the policy behind minimum contacts?
Posted: Thu Dec 08, 2011 1:30 pm
by Breezin
If all fairness factors favor PJ over the D in a certain state, why does specific PJ analysis require that the D have "minimum contacts" with the forum?
Re: Can someone explain the policy behind minimum contacts?
Posted: Thu Dec 08, 2011 1:33 pm
by ph14
Breezin wrote:If all fairness factors favor PJ over the D in a certain state, why does specific PJ analysis require that the D have "minimum contacts" with the forum?
That's kind of Brennan's view, although he doesn't go nearly that far and says they still need some minimum contacts. Just thinking about it functionally, all the fairness factors are extremely unlike to favor PJ over the D in a certain state without him having any minimum contacts. But even if they do, O'Connor's opinion in Asahi says they need to meet both prongs (minimum contacts + FPSJ), while Brennan might be a bit more forgiving on minimum contacts if FPSJ is for PJ over the D.
The whole point is that minimum contacts are to ensure it wouldn't be unfair for the defendants to litigate there ("traditional notions of fair play and substantial justice")
Re: Can someone explain the policy behind minimum contacts?
Posted: Thu Dec 08, 2011 3:51 pm
by shock259
Due Process.
Re: Can someone explain the policy behind minimum contacts?
Posted: Thu Dec 08, 2011 5:38 pm
by Dicta in a Box
ph14 wrote: The whole point is that minimum contacts are to ensure it wouldn't be unfair for the defendants to litigate there ("traditional notions of fair play and substantial justice")
This.
Re: Can someone explain the policy behind minimum contacts?
Posted: Thu Dec 08, 2011 5:42 pm
by swilson215
ph14 wrote: Just thinking about it functionally, all the fairness factors are extremely unlike to favor PJ over the D in a certain state without him having any minimum contacts.
This, too.
Re: Can someone explain the policy behind minimum contacts?
Posted: Thu Dec 08, 2011 6:10 pm
by FUBAR
For full credit your analysis should include: (1) sufficient minimum contacts; (2) nexus; and (3) Asahi factors of reasonableness and substantive justice (i.e. fairness).
Good luck.