Worldwide Volkswagen With which of the Four Requirements Does Worldwide deal? Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum.

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Presentation transcript:

Worldwide Volkswagen

With which of the Four Requirements Does Worldwide deal? Proper Notice Constitutional Basis Statutory Basis Proper Venue (No Forum Non-Conveniens)

What Happened?

Defendants Audi & VW – Manufacturers Seaway –Car Dealer –NY Corporation –NY PPB World Wide –Distributor (NY, NJ, Conn) –NY Corp –NY PPB

Seaway / WW Contacts with Oklahoma Sold car that was taken to state –Only one to ever enter state?? Forseeable that some cars would be taken to state No business in state No sales in state No agents or offices in state No ads designed to reach state

Argue that Oklahoma is a fair location to try the suit.

Argue that Oklahoma is not a fair location to try the suit.

Is the Worldwide court applying Power Theory? Reasonableness Theory? Something new?

What does Worldwide add? Purposeful availment (in some sense) will be required even if –Forum is the most reasonable –D is not inconvenienced –Forum state has strong interest

Phrases to watch? Purposeful availment Seeking to serve Forseeability of being haled into court Delivery into stream of commerce

Grocery Hypo Under Worldwide