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 boilerwelder hypothetical?
• What sort of argument is it?
• Why doesnt it work?
• Modify the boilerwelder