Shaffer v. HeitnerThe Temporary

Triumph of Fairness over History

Chronology• International Shoe 1945

• McGee 1957

• Hanson 1958

• Shaffer 1977

• World Wide VW 1980

• Helicopteros 1984

• Burger King 1985

• Asahi 1987

• Burnham 1990

Post-Shaffer Uses for QIR

• Can only be used where long arm or general could be used

• Sometimes useful where personal service on D (even outside the state) is difficult or impossible.

• Sometimes useful to fill in starfish gaps.

Clear Starfish

Business

Contract

Tort

Insurance

Real Estate

Mar

riage

Sex

Your Case

ConstitutionalLimit

Statutory Limit

BurnhamThe Possible

Triumph of History over Fairness

Burnham: Which Key?

Transient Jurisdiction

Domicile Jurisdiction

Consent Jurisdiction

Long-Arm Jurisdiction

General Jurisdiction

Burnham Fact Map

Married in W. Va.

H & W move to NJH&W separateH&W agree that W would file irreconcilable differences divorce

W moves to CA

Burnham Lawsuit Chart

H files for divorce

(desertion) in NJ

W files for divorce (ID)

in CA

H travels to CA on business &

visits kids

W serves H in CA

Conflicting Judicial ApproachesBeyond Liberal vs. Conservative

• Nationalism vs. States Rights

• Pro-Plaintiff vs. Pro-Defendant

• Expansive vs. Narrow View of Due Process Protections

• Static (Historical) vs. Dynamic (Current Fairness) View of Due Process