PJ study questions: Burger King v. Rudzewicz

Be prepared to answer the questions posed below.

1. Remember that Justice Brennan dissented in World-Wide Volkswagen. Reconsider his WWVW dissent. Does Burger King evoke some of the ideas he proposed in WWVW?
2. According to Justice Brennan, what is the relationship between purposeful availment and reasonableness?
3. A plaintiff has to prove purposeful availment. Once purposeful availment is shown, who has to prove reasonableness (or unreasonableness) of PJ? How strong a showing of reasonableness (or unreasonableness) must be made?
4. When a contract is the basis for PJ, what factors will increase the likelihood that there will be purposeful availment?
5. Did the contract between Rudzewicz and Burger King contain a “choice-of-forum” clause or a “choice-of-law” clause? What is the difference between the two? Does the court assign any relevance to the clause?
6. After Burger King, would you recommend that your contracting clients use a choice-of-law clause? A choice-of-forum clause? Both? Why?

Revised Aug. 25, 2016