When Jurisdiction Gets Personal

(PENNOYER) I don't mean to bore ya But if you want to be a lawyer You got to know Pennoyer Say you're a State and your just itching To get an out-of-state Defendant into your jurisdiction Can you do it? Depends what the case it. It's got to fit all four traditional bases. PRESENCE: He's got to be there when your b*tching DOMICILE: He needs a house with a kitchen CONSENT: Is he able an willing? AND PROPERTY ATTACHED AT FILING. They call me "Chico Zach" and I got to confess The rules in Pennoyer were not the best Those four bases were a crappy test And this is what we saw later on in Hess. (HESS) 1920's there's a whole lot of action There's more and more interstate transaction My boy Hess was pimping his deals When he crashed his car and he smashed his wheels. The court said "Hess, we got to detain ya" Hess said "Yo, hate the game, not the playa' Massachusetts, I'll see you later Cause I'm a resident of Pennsylvania" "Aw no you didn't!" The court said "We got Pennoyer but the rules will bend Here's a new principle to comprehend When you drive on our roads that implied consent." "But is is consent if you never knew? Implied consent? It's imposed you foo' It's a contradiction and that ain't cool And this is what we saw in Int'l Shoe Don't be a jive-ass turkey. (INT'L SHOE) Specific jurisdiction, let me explain If the contacts in the State give rise to the claim Then the court's jurisdiction must be maintained It's not that crazy, it's insane in your membrane. General jurisdiction, let's understand it See how the court has it's power expanded? Now the State could force, whenever it demanded To bring suit against an out-of state Defendant. 1980's there's lots more mobility There's people suing companies with more hostility The question arises "What's the court's ability To restrict jurisdiction for product liability?" Don't be a jive-ass turkey. (WWVW) Ok, ok, I sing like karaoke I crashed my car in OK And now it's brokey brokey It exploded, killed my wife so hold it I'm going to sue the sh*t from the place where I bought it The law is the law and we got to respect it But every consumer got's to feel protected My car exploded because it was defective Why can't I choose where to sue the Defendant? World Wide Volkswagen is about this: Stream of Commerce forumlation's a b*tch Who will decide when the Court is split? Yo Brennan and White, tell us how it is. (Justice Brennan) "Yo Due Process that, yo Due Process this Hey Justice White, your formulation is twisted Byron, here's a minor correction: All you need is purposeful injection." Chief Justice Brennan talking smack on Justice White (Justice White) "My name is Justice White, but you can call me Byron Your formulation's not enough to rely on Purposeful injection, I get it, it's great But you need to anticipate purchase in the Forum State. Chief Justice Brennan, you got a lot of nerve Bringing your judicially liberal and progressive views up in here."