· 6/5/1974
Product Promotions, Inc. v. Jacques Y. Cousteau
Citations
- 495 F.2d 483
- 18 Fed. R. Serv. 2d 1102
- 1974 U.S. App. LEXIS 8285
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the “Federal Rules of Civil Procedure abolished the technical distinction between general and special appearances.”
- noting that “[b]oth types of authority depend for their creation on some manifestations, written or spoken words or conduct, by the principal, communicated either to the agent (actual authority) or to the third party (apparent authority).”
- characterizing Supreme Court opinions as stressing the need for common sense judgments and case-by-case determinations of personal jurisdiction
- finding of specific jurisdiction rested heavily on the fact that the contract was consummated in Texas and that Texas law would likely apply to the contract
- statement that many, if not most, jurisdictional challenges will turn on constitutional considerations, implying that some challenges will turn on statutory considerations
- Title passes at \the time and place at which the seller completes performance with reference to the physical delivery of the goods[.]\
Source: CourtListener parenthetical corpus (CC0).
Judges: Thornberry, Goldberg, Ingraham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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