Shaffer v. Heitner The Temporary Triumph of Fairness over History

Chronology International Shoe1945 McGee1957 Hanson1958 Shaffer1977 World Wide VW1980 Helicopteros1984 Burger King1985 Asahi1987 Burnham1990

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.

Your Case Constitutional Limit Statutory Limit

Burnham The 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 NJ H&W separate H&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 Approaches Beyond 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