Helicopteros Topic One: The General Jurisdiction Alternative

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HelicopterosTopic One The General Jurisdiction
Alternative
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Helicopteros Which Key?

• Transient Jurisdiction
• Domicile Jurisdiction
• Consent Jurisdiction
• Long-Arm Jurisdiction
• General Jurisdiction

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Helicopteros General Jurisdiction

• At some point, Ds 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 Ds
  contacts with the forum state.
• Regular purchases related trips not enough

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P sues in Washington
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HelicopterosTopic Two The Nexus Requirement
for Specific Jurisdiction
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Helicopteros Which Key?

• Transient Jurisdiction
• Domicile Jurisdiction
• Consent Jurisdiction
• Long-Arm Jurisdiction
• General Jurisdiction

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Why Wasnt There Specific Jurisdiction?
FACTS

• D Helicopteros
• Columbia Corp
• Contract to fly ERs 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

• Plaintiffs
• 4 Americans
• Hired in TX
• Crashed in Peru
• Sue in TX
• Plaintiffs ER
• Consortio
• TX based Joint Venture

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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

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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 didnt cause this particular
  one)?

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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 didnt cause this particular
  one)?