Professor Franks

Final Examination, Summer 2003

1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.

2. State the issues and answers to each question concisely. Lengthy answers are not necessary.

3. Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.

4. Number your answers to correspond with the question, e.g., "II-B."

5. If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.

6. Do not write in the margin of the book.

7. All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.

8. Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.

9. If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book.

10. A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.

Bill Jefferson was a police officer in Seattle, Washington. His wife was a school teacher there. Tired of making good money, they obtained employment in Louisiana instead. Bill was accepted to work for the New Orelans Police Department, and his wife received a contract to teach in the Orleans Parish public schools.

And so it turns out they set out for Louisiana in their Ford SUV. While still in Washington with Mr. Jefferson at the wheel, the vehicle blew a Firestone tire. Their car was totalled, and they each received injuries. They borrowed another vehicle from Mrs. Jefferson's parents and continued on to Louisiana. While enroute, they both developed the symptoms of a cervical sprain (whiplash). Their medical bills total about $3,500.00, incurred mostly in Louisiana. The bulk of this is for Mr. Jefferson, who suffered the most.

They both now live in Louisiana. One month after the accident, however, they separated and now plan to divorce. A year and two days after the accident, Mr. Jefferson comes to you.

Assume your research shows the following:

1. Ford and Firestone are both insured by Ętna Casualty Company.

2. Louisiana has a direct action statute.

3. Washington has no direct action statute.

4. Louisiana is a community property state.

5. Washington is a community property state.

6. Washington's applicable statute of limitations is three years.

7. Assume Washington considers personal injury recoveries to be community property.

8. Assume Louisiana considers personal injury recoveries to be separate property.

Your further research shows that a Mrs. Helga Olson of Minneapolis, Minnesota, filed suit against Ford Motor Company in the District Court of Hennepin County, Minnesota, claiming an identical blowout resulting from a design defect in the Firestone tire on her SUV. She won a substantial verdict against Ford.

Further research shows that Ford Motor Company filed suit against Firestone in the Circuit Court of Wayne County, Michigan, claiming the reason Firestone tires blow out on Ford SUVs is that the tires are defectively designed. The suit has not come to trial.

Yet additional research shows that a Bob McCord of Seattle filed suit against both Ford and Firestone in the Circuit Court of Multnomah County, Oregon, arising out of an identical blowout. He claimed design defects both in the Ford SUV and the Firestone tires thereon. He lost his suit.

Your client, now living and working in New Orleans, comes to you for advice. Assume he cannot afford to commute to Washington to litigate his claims there.

Do not discuss the divorce or divorce jurisdiction. Please discuss just the following:

1. Against which defendants can plaintiff obtain jurisdiction in Louisiana, and how? Discuss.

2. Will Mr. Jefferson's recovery for personal injuries be community property? Discuss.

3. Is Mr. Jefferson's suit time-barred in Louisiana? Why or why not? If barred, what can he do?

4. Of the suits others have filed in Minnesota, Michigan and Oregon, which ones if any can either you or the defendants use in the trial of any case you might bring in Louisiana? Discuss.

Please answer the following specific questions:

II-A. Please discuss the difference between:

1. jurisdiction in personam,

2. jurisdiction in rem, and

3. jurisdiction quasi in rem.

II-B. Please list (without explanation or discussion) the various ways a court may obtain jurisdiction in personam over a party.

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