| Louisiana has in personam jurisdiction of Johnny Jones |
5 points _______ |
| Johnny Jones may be served personally in Louisiana |
5 points _______ |
| Ontario has in personam jurisdiction of Johnny Jones |
5 points _______ |
| If Ontario has a longarm statute |
5 points _______ |
| Jones may be sued in Texas and California only if he: |
5 points _______ |
Can be found there and served with process |
5 points _______ |
Consents to the exercise of jurisdiction |
5 points _______ |
Meets minimum contacts for general jurisdiction |
5 points _______ |
| Allstate may be found and served with process in Louisiana |
5 points _______ |
| Allstate may be found and served with process in California |
5 points _______ |
| Allstate may be found and served with process in Texas |
5 points _______ |
| Diversity jurisdiction also exists in Louisiana |
5 points _______ |
| Diversity jurisdiction also exists in California |
5 points _______ |
| Question whether 22:655 even applies to an out-of-state accident |
5 points _______ |
| If 22:655 applies to accident, Allstate may be sued in California |
5 points _______ |
| Where applicable, 22:655 creates transitory cause of action |
5 points _______ |
| She may sue just Allstate in the courts of California |
5 points _______ |
| Or she may sue Jones and possibly Allstate in Louisiana |
5 points _______ |
| She may also sue Allstate in any other state where it is qualified and which views 22:655 as substantive |
5 points _______ |
| Prescription problem if she sues just Allstate in California and loses after one year has passed |
5 points _______ |
| Guest passenger statute loss allocating, not conduct regulating |
9 points _______ |
| Louisiana has an interest in holding its drivers accountable? |
9 points _______ |
| California has an interest in protecting its citizens |
9 points _______ |
| Lex locus still prevails in absence of other choice of law |
9 points _______ |
| There is no single clear state whose law should be applied |
9 points _______ |
| However, there is a "false conflict" between California, Texas and Louisiana |
9 points _______ |
| California, Texas and Louisiana may be treated collectively as one undifferentiated whole |
9 points _______ |
| Application of Louisiana guest-host law is reasonable since trip began and was to terminate in
Louisiana |
9 points _______ |
| Application of Louisiana direct action statute as a matter of Louisiana insurance law is reasonable since
trip began and was to terminate in Louisiana |
9 points _______ |
| Under French law, Broussard never acquired French domicile |
10 points _______ |
| Under Louisiana law, the question is less clear |
10 points _______ |
| Article 3518 requires Louisiana to apply Louisiana law |
10 points _______ |
| Question is whether Broussard intended to "reside indefinitely" |
10 points _______ |
| Courts reluctant to find change of domicile to foreign country |
10 points _______ |
Did he continue to vote in Louisiana? |
10 points _______ |
May Amite River cabin be considered "home"? |
10 points _______ |
Four years prior to retirement, unlikely he would remain |
10 points _______ |
| Is the cabin within the relevant supreme court district? |
10 points _______ |
| A definitive decision on the case |
10 points _______ |