Civil Procedure Keyed to Cound
Helicopteros Nacionales de Colombia, S.A. v. Hall
Helicopteros Nacionales de Colombia, S.A., Defendant, a Colombia corporation that provides helicopters for oil and construction companies, was hired by Consorcio, a Peruvian association, and its venture, WSH (a venture based in Texas). The contract between Defendant and the joint venture said that all parties were residents of Peru and controversies arising out of the contract would be subject to jurisdiction in Peruvian courts. In addition, the venture would make payments to Defendant in Defendant’s bank account located in New York City. Defendant conducted some contract negotiations in Texas, bought 80% of its helicopters for the business in Texas, and received “technical consultation” from a person in Texas. Defendant was paid with checks drawn on a Texas bank. One of Defendant’s helicopters crashed in Peru, killing four of the venture’s employees. The employees’ representatives, Plaintiffs, brought this wrongful death action against Defendant in Texas. The trial court denied Defendant’s motion to dismiss for lack of in personam jurisdiction. There was a jury trial and verdict for Plaintiffs. Defendant appealed. The Texas Court of Appeals reversed the judgment for lack of in personam jurisdiction. The Supreme Court of Texas reversed the Court of Appeals judgment on the grounds that the Texas long-arm statute can reach as far as the Due Process Clause will permit. Defendant appealed.
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