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Personal Jurisdiction in US Law: Case Study of Helicopteros Nacionales de Colombia v. Hall, Slides of Civil procedure

Aliah UniversityCivil procedure

An in-depth analysis of two supreme court cases, helicopteros nacionales de colombia v. Hall and carnival cruise lines v. Shute, which discuss the extent of personal jurisdiction in the us legal system. The first case revolves around a wrongful death action against a colombian helicopter operator, while the second case involves a forum selection clause in a cruise line contract. Students will gain a comprehensive understanding of general jurisdiction, jurisdiction by consent, and the role of the forum selection clause in personal jurisdiction.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

raahi
raahi 🇮🇳

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WRAP-UP OF LAST CLASS
•We discussed two more important Supreme Court
cases:Shaffer v. Heitner, a case concerning the extent
to which personal jurisdiction can be validly based on
the presence of D’s property within the forum state;
and Burnham, which considered the extent to which
personal jurisdiction can be validly based solely on
personal service within the forum state (tag
jurisdiction or transient jurisdiction)
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Download Personal Jurisdiction in US Law: Case Study of Helicopteros Nacionales de Colombia v. Hall and more Slides Civil procedure in PDF only on Docsity!

WRAP-UP OF LAST CLASS

  • We discussed two more important Supreme Court cases: Shaffer v. Heitner, a case concerning the extent to which personal jurisdiction can be validly based on the presence of D’s property within the forum state; and Burnham, which considered the extent to which personal jurisdiction can be validly based solely on personal service within the forum state (tag jurisdiction or transient jurisdiction)

WHAT WILL WE DO TODAY

  • Continue with personal jurisdiction unit.
  • We will consider general jurisdiction by discussing

the Helicopteros case.

  • We will learn more about jurisdiction by consent by

discussing Carnival Cruise Lines v. Shute.

  • Time permitting, I will spend a few minutes talking

about jurisdiction on the Internet.

Helicopteros Nacionales de Colombia

v. Hall

  • Wrongful death action resulting from helicopter crash in Peru that killed US citizens. Respondents brought suit in TX against, among others, Helicol, Columbian operator of helicopter, on the basis of pilot error
  • Helicol moves to dismiss for lack of personal jurisdiction.
  • Trial court denies motion: and respondents win jury award of over $1,000,
  • Texas Supreme Court finds there was jurisdiction over Helicol.

U.S. Supreme Court

  • Must determine whether the Texas court had

personal jurisdiction over Helicol

Helicol’s Contacts With Texas

  • Sent representative to contract with TX company for

transportation contract in Peru.

  • Purchased most of its helicopters from TX company
  • Sent pilots, management, and maintenance

personnel to TX for training

  • Received payments from TX bank accounts for

transportation contract

Supreme Court Only Rules on General

Jurisdiction

  • Specific jurisdiction was not argued by P
  • How does it rule?

Brennan’s Dissent

  • What is the basis for the dissent?

Mrs. Shute Goes to Court

  • Why did Mrs. Eulala Shute (and her husband sue Carnival Cruise Lines?
  • Where did she and her husband bring suit?

Supreme Court Must Consider

    1. Argument that forum selection clause bars

jurisdiction over Carnival in Washington state.

    1. Constitutional argument that CCL’s contacts

with Washington are not enough to support

jurisdiction.

What law applies?

  • Admiralty case – so federal law applies.

Arguments that the Forum Selection

Clause Unenforceable

  • Based on The Bremen, clause not the product of business negotiation. In the Bremen, the Supreme Court held that a freely negotiated forum selection clause between international parties should be enforced as long as it is not the product of fraud, undue influence, and overweening bargaining power. Also, it is an inconvenient forum and
  • Clause violates The Limitation of Vessel Owner’s Liabilitty Act, 46 U.S.C. App. 183c.

Justice Blackmun’s Reasoning

  • Blackkmun: some nonnegotiated forum-selection clauses can be enforceable
  • Cruise ships have special interest in limiting for a where they can be sued
  • Such a clause spares expense of pretrial motions to determine correct forum and conserving judicial resources
  • Passengers benefit in light of reduced fares that reflect savings cruise line enjoys by limiting forum where it can be sued.
  • Do you buy any of these?

Clause violates The Limitation of Vessel

Owner’s Liability Act, 46 U.S.C. App.

  • "It shall be unlawful for the... owner of any vessel 183c. transporting passengers between ports of the United States or between any such port and a foreign port to insert in any rule, regulation, contract, or agreement any provision or limitation (1) purporting, in the event of loss of life or bodily injury arising from the negligence or fault of such owner or his servants, to relieve such owner... from liability, or from liability beyond any stipulated amount, for such loss or injury,

Clause violates The Limitation of Vessel

Owner’s Liabilitty Act, 46 U.S.C. App.

  • or (2) purporting in such event to lessen, weaken, or 183c. avoid the right of any claimant to a trial by court of competent [499 U.S. 585, 596] jurisdiction on the question of liability for such loss or injury, or the measure of damages therefor. All such provisions or limitations contained in any such rule, regulation, contract, or agreement are declared to be against public policy and shall be null and void and of no effect."