Civil Procedure Keyed to Friedenthal
Burger King Corp. v. Rudzewicz
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Rudzewicz and MacShara (Defendants), residents of Michigan, had a contract with Burger King (Plaintiff) as franchisees for 20 years. The contract said that the franchise relationship would be established in Miami (where Plaintiff’s principal offices are) and that the relationship would be governed by Florida law. Defendants fell behind in monthly payments and Plaintiff brought a diversity action in federal court in Florida. Defendants argued that the court lacked jurisdiction because Defendants were residents of Michigan and the claim did not “arise” in Florida. The Court said the claims did arise under the Florida long-arm statute and found for Plaintiff. The Court of Appeals reversed on the grounds that exercising jurisdiction would offend the “fundamental fairness of due process.” P appealed.
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