Civil Procedure and Litigation

What is Plessy v. Ferguson (1896)?

Segregation is constitutional under the 14th

Separate but equal

What is Brown v. Board of education of Topeka (1954)?

• overturned Plessy

• *separate educational facilities is inherently unequal*

THE REST OF THE QUESTION CONCERN WORLDWIDE VOLKSWAGON CORP v. WOODSON

What are the facts?

• Robinsons gave up residence in NY to go to AZ

  • on the way crashed in OK

  • hit bu a DUI going over 90

• the car they were in blew up and the door automatically locked trapping them in

What kind of tort is this?

PRODUCT LIABILITY

Who did the Robinsons sue?

audi

volkswagon

seaway

dealership

What did each defendant require from the plaintiff?

a service of process which contains the complaint they were being sued for

this can be delivered in person or by a sherif

gives good service to ensure a fair notice part in the due process

What is the easiest way to deal with a lawsuit like this?

• motion to dimiss

• can be done if you can prove that an issue in the hearing would be unfair

examples will be shown later

What did Audi and Volkswagon do?

they are German companies so they argues that there was no personal jurisdiction HOWEVER international shoe principle - they had a presence in the state selling cars so there was jursidiction

What did Seaway and the dealer do?

they were innocent bystanders who weren’t really soliciting in the states

court had no personal jurisdiction over them

Why would the Robinsons have sued all 4 companies at once?

1. put pressure on Audi and Volkswagon to just settle

2. sue everyone who profited from the sale of the defected product

**What are the four thing that need to be true for a court to have personal jurisdiction over you?**

1. sufficient connection to forum state

• **a comapany that has no interenet soliciting can only have jurisdiction where they are are**

2. sufficient minimal contacts

3. foreseeability not enough

4. reasonable expect to be sued there