Personal Jxn Hypo
Adam lives in CA. He saw an ad for a computer with an 800 number that he
could call for ordering and/or purchasing a computer. It also gave an
address in TX if he wanted to write instead of calling. The ad for
Computer Company X was in a national computer magazine. Adam called and
ordered a computer using a credit card, VISA. VISA is a national credit
card company with their headquarter in NY with smaller branches in CA,
IL, FL, TX, and LA. All of Adam's bill has been sent to Adam's PO Box in
The computer arrived 8 weeks after the order as promised by the company.
Soon after, Adam left for law school with his newly acquired computer.
His law school is in Connecticut. (Yale maybe?) During the middle of his
first semester as 1L, he noticed that the computer was not the one he
ordered. Although, the make was similar, there was a noticeable
difference and the quality was not what he had hoped for. Adam tried to
contact the computer company X from Connecticut via a telephone and
letters. At the suggestionj of one of the salesman from the computer
company in TX, he returned the computer from Connecticut believing that
the computer company will soon be shipping a new one which he had
Unfortunately, the Computer Company X refused to ship a new computer
insisting they don't sell such make. (Obviously, otherwise there's no
problem for us to solve) Furious, Adam called his credit card company
telling them of his problems and to stop paying the rest of the
installments to the computer company. He also asked VISA to refund the
other portions already paid according to their own warranty. Although
VISA stopped paying the installments of the unpaid portions, they did not
refund Adam of the other paid portions claiming they cannot do so until
the computer company refunds them. His transactions with VISA dealing
with the problem of the Computer Company X have been made in Connecticut
and CA because he was home for vacation. He wrote letters and called
from Connecticut; while at home for vacation, he visited VISA branch
office in person in CA.
Back he went to Connecticut for law school...and Adam decided like any
good law student to sue both Computer Company X and VISA in Connecticut.
Know that 800 numbers operate in such a way that there's only 1
designated place where the number is depite the fact that many people
from all over the world can call for free to that number. The particular
computer magazine that Adam saw for an ad has 50,000 circulation in
Connecticut, where as the circulation for CA was 1 million. Computer
Company X doesn't have any branch office or sales managers outside of
TX. In fact, the only ad Computer Company X has nationwide is in that
particular computer magazine.
VISA also doesn't have any branch office in Connecticut. They actively
advertise their prodeucts and warranties in all mediums
nationwide...sales calls, t.v., radio, and internet. Connecticut is also
the state where they purchase 10% of plastics in order to make the credit
card. Connecticut has Long Arm Statute of going as far as the
Constitution allows. Adam for all intents and purposes is NOT a resident
of Connecticut but of CA.
Does Connecticut have jurisdiction?
Is it the best state for jurisdictional purposes?
Which state would?
Should it be general or specific?
In rem or in personam?
What could be the basis for Adam suing from Conneticut if he's not a