Conflicts Keyed to Currie
Burger King Corp. v. Rudzewicz
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Rudzewicz (Defendant) and MacShara (Defendant) applied for a Burger King (Plaintiff) franchise in Michigan. Their application was accepted and a written agreement executed with the Burger King (Plaintiff) corporate headquarters in Miami, Florida. The contract called for payments to be made to the Miami office, and that its terms would be interpreted and enforced under the law of Florida. Defendants defaulted on their payments, and Plaintiff sued for breach in district court in Florida. The district court held it had both personal and subject matter jurisdiction over the defendants and entered judgment for Plaintiff. The court of appeals reversed, holding the choice of law provision was irrelevant to the determination of personal jurisdiction and excluded it in evaluating the contacts with Florida. Burger King (Plaintiff) appealed.
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