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Dodo is a State X partnership composed of Jim Do and Bob Do. They manufacture and lease large ovens that are used in restaurants. Dodo’s only plant and business office is in State X. Three months ago, the president of Dominic’s (a fashionable eating spot in State Z) made a trip to State X and leased an oven from Dodo. Dominic’s is incorporated in State Z, where its restaurant is located. The stock of Dominic’s is held by Carl, Fred and Alice. The Do brothers are domiciled in State X. Two weeks ago, Paul (an employee of Dominic’s) was hurt when the “door” of the leased oven suddenly fell open upon him. Paul sued both Dodo and Dominic’s in the U.S. District Court in State Z. Jim and Bob Do were personally served in State X. Dominic’s was served pursuant to a State Z statute which permits notice of the lawsuit to be (1) left with someone of “suitable discretion” at the defendant’s home or main business premises, or (2) if no such person is available, posted on the door which is most often used by the occupants of the defendant’s home or main business premises. Paul’s process server utilized the latter method. The president of Dominic’s saw the notice and delivered the summons and service of process to the corporation’s attorneys.
In determining if the assertion of personal jurisdiction over Dodo is proper, what factors are pertinent?
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Consider whether Dodo has such minimum contacts with State Z so that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. Consider the extent of the contact Dodo has with State Z – i.e., the foreseeability that an oven with a defect would cause injury in State Z.
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