Research each of these cases. Respond to the questions pertaining to them. Cite outside sources in APA format.
Scherk v. Alberto-Culver
1. What were the Court’s reasons for upholding the arbitration provision?
2. What needs of international businesses were served by the Court’s holding? How were these needs addressed?
3. What factors would Alberto-Culver need to have shown in order to have overturned the arbitration provision?
Asahi Metal Ind. v. Superior Court of California, Solano County
1. Why did the Court refuse to hold that the California courts had personal jurisdiction over Asahi?
2. In what activities would Asahi need to have engaged in order for the Court to determine that it had purposefully availed itself of California law? Are some of these activities more important than others? If so, which ones?
3. Did the Court give adequate weight to California’s interest in the safety of products distributed in the state? Why or why not?
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Elayyan v. Sol Media
1. On what basis did the court hold that Sol Media had insufficient minimum contacts with Indiana such as to support the exercise of personal jurisdiction?
2. Is the court’s focus on the interactivity of Sol Media’s website valid? What factors determine whether the website is passive, interactive or transactional?
3. Is the Internet sufficiently different from non-electronically based businesses to merit different treatment for purposes of jurisdiction? Why or why not?
Fallhowe v. Hillton Worldwide
1. What were the court’s reasons for applying forum non conveniens to the case and requiring refiling of the litigation in Mexico?
2. Does the court’s opinion reward Hilton at the expense of the Fallhowes by requiring them to file their lawsuit in Mexico when both the plaintiffs and defendant are based in the United States?
3. Would the outcome of this case change if the political situation in Mexico became unstable? Should it change under such circumstances? Why or why not?
M/S Bremen v. Zapata Off-Shore Co.
1. What was the Court’s holding with respect to the general enforceability of forum selection clauses?
Finnish Fur Sales Co., Ltd. v. Juliette Shulof Furs, Inc
1. What was the court’s holding with respect to the enforceability of the choice of law clause?
2. What factors did the court utilize in its decision to uphold the choice of law provision?
