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GENERAL JURISDICTION

• What is the difference between general and

specific jurisdiction?

Helicopteros Nacionales de

Colombia v. Hall

• Facts and procedural history?

U.S. Supreme Court

• Must determine whether the Texas state court

had personal jurisdiction over Helicol

Helicol’s Contacts With Texas

• Describe Helicol’s contacts with Texas
• Were these enough for specific jurisdiction,

according to the Supreme Court?

Supreme Court Only Rules on General

Jurisdiction

• According to majority, specific jurisdiction was

not argued by P

• How does it rule on general jurisdiction?

Supreme Court Only Rules on General

Jurisdiction

• Helicol lacked “the kind of continuous and

systematic general business contacts with TX

necessary to satisfy due process”

• This seems to indicate a very high standard for

general jurisdiction to be found.

• Leaves a lot unsettled on general jurisdiction

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?

Procedural History

• Describe the procedural history of this action before the Supreme Court’s opinion.

Supreme Court Must Consider

• 1. Argument that forum selection clause bars

jurisdiction over Carnival in Washington state.

• 2. Constitutional argument that CCL’s contacts

with Washington are not enough to support

jurisdiction.

Arguments that the Forum Selection

Clause Unenforceable

• What are the Shutes’ arguments in support of

their contention that the forum selection

clause is unenforceable?

• Did any of them convince Justice Blackmun,

who wrote the Supreme Court’s majority

opinion? If so, which arguments?

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?

More of Blackmun’s Reasoning

• Shutes have not satisfied the heavy burden of proof

required to set aside the clause on grounds of inconvenience (they had notice and Florida is not a remote alien forum especially given where accident took place)

• NO evidence of bad faith or overreaching
• Since Shutes had notice of contract, they could have

rejected it.

Clause violates The Limitation of Vessel Owner’s Liability 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."

Dissent

• Who wrote the dissent?
• Who joined in it?
• Describe the reasoning in the dissent. Do you

agree with it? Why or why not?