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79
Asahi Metal v. Superior Ct.
Stream of Commerce PLUS
P sues Cheng who has 3rd party against Asahi – P settles, so Cheng and Asahi are fighting for contribution
D must purposefully avail actions toward forum state & have substantial connection
What is purposeful availment? Sandra Day says: stream of commerce + purposeful conduct for targeting the state - Look at Four Factors:
• Designing the product for the market in the forum state
• Advertising in the forum
• Channels to customers
• Marketing through a distributor
FIVE (majority) justices say stream of commerce is enough -
• Brennan: benefiting economically from retail sales of product in the forum state – regular and anticipated flow of products from manufacturer to distributor to sale
• Stevens: meeting first prong of WWVW of purposeful availment is determined by volume, value, and hazardous character of product
o All justices say need to meet reasonableness
P sues Cheng who has 3rd party against Asahi – P settles, so Cheng and Asahi are fighting for contribution
D must purposefully avail actions toward forum state & have substantial connection
What is purposeful availment? Sandra Day says: stream of commerce + purposeful conduct for targeting the state - Look at Four Factors:
• Designing the product for the market in the forum state
• Advertising in the forum
• Channels to customers
• Marketing through a distributor
FIVE (majority) justices say stream of commerce is enough -
• Brennan: benefiting economically from retail sales of product in the forum state – regular and anticipated flow of products from manufacturer to distributor to sale
• Stevens: meeting first prong of WWVW of purposeful availment is determined by volume, value, and hazardous character of product
o All justices say need to meet reasonableness
Tags: Jdx
Source:
Source:
Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010