Tuesday, September 02, 2014
A jurisdictional tragedy
Forget taxes. What is really important about Burger King's deal with Tim Horton's are the jurisdictional implications. Has Florida (and Miami in particular) lost its greatest contribution to the civil procedure canon? Might this set-up a final exam question in which a plaintiff tries to use BK's "home" in Florida to get general jurisdiction over the Canada-based parent company in Florida that will be birthed by the deal? Would BK now prefer to litigate in eastern Michigan (where Rudziewicz wanted to be), which is closer to Ontario?