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Gray

Gray. What States are Involved. Illinois Boiler bought Valve malfunctioned Boiler blew up P injured P sues. Pennsylvania Boiler Mfr Inc’d Valve Mfr sold valve Valve put in boiler. Ohio -- Valve Made -- Valve Mfr Served. Where did tortious act “occur”. Illinois

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Gray

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  1. Gray

  2. What States are Involved • Illinois • Boiler bought • Valve malfunctioned • Boiler blew up • P injured • P sues • Pennsylvania • Boiler Mfr Inc’d • Valve Mfr sold valve • Valve put in boiler Ohio -- Valve Made -- Valve Mfr Served

  3. Where did tortious act “occur” • Illinois • Last event (injury) • Pennsylvania • Tortious physical conduct • Bad valve installed • Bad valve shipped Ohio – TPC (bad valve mfrd)

  4. With which of the Four Requirements Does Gray deal? • Proper Notice • Constitutional Basis • Statutory Basis • Proper Venue (No Forum Non-Conveniens)

  5. Defining the Problem • ID crucial statutory language ? • What’s P’s position about it? • What’s D’s position about it? • Types of argument that can be made about it: • Plain language • Other fields • Purposive construction

  6. Statutory/Constitutional Interaction PJ OK where limits overlap Constitutional Limit Statutory Limit

  7. California Type Statutes PJ OK if w/in constitutional limits Constitutional Limit Statutory Limit

  8. Clear Starfish Tort Real Estate Contract Insurance Business Marriage Sex

  9. Fuzzy Starfish Tort Real Estate Contract Insurance Business Marriage Sex Gray

  10. BaCTeRIA, SEX & MARRIAGE • Business • Contracts • Torts • Real Estate • Insurance • Act of Sex (at or near conception) • Living in Marriage (limited)

  11. Grocery Hypo & the Starfish Tort Real Estate Contract Insurance Business Marriage Sex

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