Broussard v. Diamond Aircraft Industries, Inc.
65 So. 3d 187
La. Ct. App.2011Background
- Broussard appeals a trial court ruling sustaining Diamond’s declinatory exception for lack of personal jurisdiction.
- Diamond is a Canadian corporation with principal place of business in London, Ontario; it sold a Diamond SDA-40 to Premier Aircraft Sales, Inc. (Florida) in Ontario, and Premier delivered the plane to Broussard in Florida.
- Broussard purchased the plane from Premier in Florida; the aircraft was stored in Alabama and Broussard was trained in Texas.
- Broussard alleges defects in the aircraft’s aft passenger door affected value and usability as a four-seater.
- The trial court held no jurisdiction over Diamond under due process; Broussard appeals, arguing Diamond had sufficient contacts with Louisiana to justify jurisdiction.
- Louisiana courts assess long-arm jurisdiction to the constitutional limits; Diamond had minimal to no contacts with Louisiana, unlike typical forms of purposeful availment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there minimum contacts with Louisiana to support specific jurisdiction | Broussard | Diamond | No minimum contacts established |
| Is Diamond subject to general jurisdiction in Louisiana | Broussard | Diamond has no substantial contacts | General jurisdiction not established |
| Do due process factors show jurisdiction would be unreasonable | Broussard | Jurisdiction not reasonable | Not reached; no minimum contacts found |
| Does the long-arm statute extend to constitutional limits | Broussard | Statutory limits align with due process | Long-arm statute coextensive with due process; not satisfied here |
Key Cases Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (U.S. Supreme Court 1985) (two-part due process test; minimum contacts and reasonableness)
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (U.S. Supreme Court 1980) (limits on defendant's foreseeability and forum state reach)
- Southeast Wireless Network, Inc. v. U.S. Telemetry Corp., 954 So.2d 120 (La. 2007) (limits of long-arm jurisdiction coextensive with due process)
- Fox v. Board of Supervisors of Louisiana State Univ. & A&M College, 576 So.2d 978 (La. 1991) (post-amendment view: jurisdiction limited by due process)
- Petroleum Helicopters, Inc. v. Avco Corp., 513 So.2d 1188 (La. 1987) (two-step analysis for due process in long-arm jurisdiction)
- A&L Energy, Inc. v. Pegasus Group, 791 So.2d 1266 (La. 2001) (minimum contacts plus fairness factors)
- de Reyes v. Marine Mgt. and Consulting, Ltd., 586 So.2d 103 (La. 1991) (burden on defendant to show unreasonableness of jurisdiction)
- Babcock & Wilcox Co. v. Babcock Mexico, 597 So.2d 110 (La. 1992) (recognizes due process limits on jurisdiction)