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Woller v. McHale Engineering Ltd.6/28/2005
in Juelich, some witnesses may face international travel. However, in this case Woller and Vermeer are located within a few hours' drive or a short flight of each other. Only McHale witnesses will be obliged to travel a long distance. Additionally, McHale signed a contract in which it agreed to indemnify and to defend Vermeer in this type of situation and presumably contemplated the possibility of travel to the United States for litigation.
McHale repeatedly argues that there is no personal jurisdiction because Vermeer labels were on the products and Vermeer took great steps to ensure that its customers believed that the machines were actually made by Vermeer. It does not appear that this marketing tactic was intended to insulate McHale from the American courts, but to impress the marketplace with Vermeer's comprehensive design and manufacturing capacity. This aspect of the case should not insulate the ultimate, undisclosed manufacturer from the jurisdiction of Minnesota courts.
The five factors support jurisdiction. Minnesota's assertion of jurisdiction does not offend traditional motions of fair play and substantial justice. Conferring personal jurisdiction on McHale conforms with due process requirements.
Affirmed.
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