Civ Pro

Question 1

Sandy Lane relatedness tests

Answer 1

1. Proximate cause – legal cause; are any of D’s contacts with f.s. relevant to merit of P’s claim?
2. But-For – without D’s contacts would injury have occurred?
3. Substantial Connection – is tie between D’s contacts and P’s claim close enough to make PJ fair/reasonable?
4. But-For + test: without D’s contacts would injury have occurred? PLUS foreseeability of litigation

Question 2

SOC tests

Answer 2

Brennan ( SOC) – Mere awareness that a product will end up in f.s. is enough

O’Connor (SOC +) – D must intend to sell product in f.s.

Question 3

Reasonableness and fairness factors

Answer 3

1. Burden on D
2. Interest of P
3. Interest of f.s.
4. Court efficiency
5. Interest of several states

Question 4

Contracts case- content factors

Answer 4

1. Does K have substantial connection with the f.s. ?
2. Could the defendant foresee facing lawsuit in the f.s. ?

a. Factors for determining these in CONTRACTS:
i. Prior negotiations
ii. Contemplated future consequences
iii. Terms of contract (choice of law clause NOT ENOUGH by itself BUT does add a contact)
iv. Parties course of dealings