Published on Nov 19, 2010
I don't mean to bore ya
But if you want to be a lawyer
You got to know Pennoyer
Say you're a State and your just itching
To get an out-of-state Defendant into your jurisdiction
Can you do it? Depends what the case it.
It's got to fit all four traditional bases.
PRESENCE: He's got to be there when your b*tching
DOMICILE: He needs a house with a kitchen
CONSENT: Is he able an willing?
AND PROPERTY ATTACHED AT FILING.
They call me "Chico Zach" and I got to confess
The rules in Pennoyer were not the best
Those four bases were a crappy test
And this is what we saw later on in Hess.
1920's there's a whole lot of action
There's more and more interstate transaction
My boy Hess was pimping his deals
When he crashed his car and he smashed his wheels.
The court said "Hess, we got to detain ya"
Hess said "Yo, hate the game, not the playa'
Massachusetts, I'll see you later
Cause I'm a resident of Pennsylvania"
"Aw no you didn't!" The court said
"We got Pennoyer but the rules will bend
Here's a new principle to comprehend
When you drive on our roads that implied consent."
"But is is consent if you never knew?
Implied consent? It's imposed you foo'
It's a contradiction and that ain't cool
And this is what we saw in Int'l Shoe
Don't be a jive-ass turkey.
Specific jurisdiction, let me explain
If the contacts in the State give rise to the claim
Then the court's jurisdiction must be maintained
It's not that crazy, it's insane in your membrane.
General jurisdiction, let's understand it
See how the court has it's power expanded?
Now the State could force, whenever it demanded
To bring suit against an out-of state Defendant.
1980's there's lots more mobility
There's people suing companies with more hostility
The question arises "What's the court's ability
To restrict jurisdiction for product liability?"
Don't be a jive-ass turkey.
Ok, ok, I sing like karaoke
I crashed my car in OK
And now it's brokey brokey
It exploded, killed my wife so hold it
I'm going to sue the sh*t from the place where I bought it
The law is the law and we got to respect it
But every consumer got's to feel protected
My car exploded because it was defective
Why can't I choose where to sue the Defendant?
World Wide Volkswagen is about this:
Stream of Commerce forumlation's a b*tch
Who will decide when the Court is split?
Yo Brennan and White, tell us how it is.
"Yo Due Process that, yo Due Process this
Hey Justice White, your formulation is twisted
Byron, here's a minor correction:
All you need is purposeful injection."
Chief Justice Brennan talking smack on Justice White
"My name is Justice White, but you can call me Byron
Your formulation's not enough to rely on
Purposeful injection, I get it, it's great
But you need to anticipate purchase in the Forum State.
Chief Justice Brennan, you got a lot of nerve
Bringing your judicially liberal and progressive views up in here."