Be prepared to answer the questions posed below.
- Remember that Justice Brennan dissented in World-Wide Volkswagen. Reconsider his WWVW dissent. Does Burger King evoke some of the ideas he proposed in WWVW?
- According to Justice Brennan, what is the relationship between purposeful availment and reasonableness?
- A plaintiff has to prove purposeful availment. Once purposeful availment is shown, who has to prove reasonableness (or unreasonableness) of PJ? How strong a showing of reasonableness (or unreasonableness) must be made?
- When a contract is the basis for PJ, what factors will increase the likelihood that there will be purposeful availment?
- Did the contract between Rudzewicz and Burger King contain a “choice-of-forum” clause or a “choice-of-law” clause? What is the difference between the two? Does the court assign any relevance to the clause?
- After Burger King, would you recommend that your contracting clients use a choice-of-law clause? A choice-of-forum clause? Both? Why?
Revised Aug. 25, 2016