Transcript Shaffer v. Heitner The Temporary Triumph of Fairness over

Shaffer v. Heitner
The Temporary
Triumph of Fairness
over History
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International Shoe
Chronology
McGee
Hanson
Shaffer
World Wide VW
Helicopteros
Burger King
Asahi
Burnham
1945
1957
1958
1977
1980
1984
1985
1987
1990
Post-Shaffer Uses for QIR
• Can only be used where long
arm or general could be used
• Sometimes useful where
personal service on D (even
outside the state) is difficult or
impossible.
• Sometimes useful to fill in
starfish gaps.
Your
Clear Starfish
Case
Tort
Real
Estate
Statutory
Limit
Contract
Insurance
Ma
rria
ge
Business
Sex
Constitutional
Limit
Burnham
The Possible
Triumph of History
over Fairness
Burnham: Which Key?
Transient Jurisdiction
Domicile Jurisdiction
Consent Jurisdiction
Long-Arm Jurisdiction
General Jurisdiction
W moves
to CA
H & W move to NJ
H&W separate
H&W agree that W would
file irreconcilable
differences divorce
Married in
W. Va.
Burnham Fact Map
Burnham Lawsuit Chart
W serves H
in CA
W files for
divorce (ID)
in CA
H travels to CA
on business &
visits kids
H files for
divorce
(desertion)
in NJ
Conflicting Judicial Approaches
Beyond Liberal vs. Conservative
• Nationalism vs. States Rights
• Pro-Plaintiff vs. Pro-Defendant
• Expansive vs. Narrow View of
Due Process Protections
• Static (Historical) vs. Dynamic
(Current Fairness) View of Due
Process