Calder v. Jones Are Intentional Torts Different


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Calder v. JonesAre Intentional Torts Different
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• Who was being sued
• National Enquirer
• Calder (Editor)
• South (Reporter w/ Byline)
• Who challenged P J
• Calder
• South
• Why not National Enquirer

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• What contacts did Editor have with CA
• What contacts did Writer have with CA
• What contacts did Court care about

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Is Calder an Application of Burger King

• No PA if contacts are
• Random
• Fortuitous
• Attenuated.

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Is Calder an Application of Burger King
No PA if contacts are the result of unilateral
activity of someone other than the D.
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Is Calder an Application of Burger King
PA where contact proximately results from Ds
own actions that create substantial connection
with forum state.
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Is Calder an Application of Burger King

• PA exists where D deliberately
• Engaged in activities within state
• Created continuing obligations with forum
  residents

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Is Calder an Application of Burger King
For specific jurisdiction cause of action must
arise out of or relate to the Ds contacts with
the forum.
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• What does Calder tell us about
• The importance of Ps contacts with the forum
• The importance of the degree of wrongfulness

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• What about the boiler-welder hypothetical
• What sort of argument is it
• Why doesnt it work
• Modify the boiler-welder