Proctor test in Pennsylvania

6 Pennsylvania opinions name it 5 courts 1980–1995 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
Proctor & Schwartz, Inc. v. Cleveland Lumber Co.green pasuperct · 1974 · cited in 2 Pennsylvania opinions naming this issue, 1980–1985 2 sentences 1980On the basis of this evidence, we think it reasonable to say that appellee has “purposefully availed itself of the privilege of acting within [Pennsylvania].” Its various contacts with Pennsylvania represent the sort of “affiliating” circumstances necessary for state court jurisdiction, to which the Court alluded in World-Wide Volkswagen, 444 U.S. at 295 , 100 S.Ct. at 566 , but which were not present in that case. -b- The second part of the Proctor test, it will be recalled, is that it must appear that “the cause of action [arose] from defendant’s activities within the forum state.” 228 Pa.Su 1980On the basis of this evidence, we think it reasonable to say that appellee has “purposefully availed itself of the privilege of acting within [Pennsylvania].” Its various contacts with Pennsylvania represent the sort of “affiliating” circumstances necessary for state court jurisdiction, to which the Court alluded in World-Wide Volkswagen, 444 U.S. at 295 , 100 S.Ct. at 566 , but which were not present in that case. -b- The second part of the Proctor test, it will be recalled, is that it must appear that “the cause of action [arose] from defendant’s activities within the forum state.” 228 Pa.Su	1	2
Garfield v. Homowack Lodge, Inc.green pasuperct · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995 2 sentences 1995See id.; See also, Garfield v. Homowack Lodge Inc., 249 Pa. Super. 392 , 378 A.2d 351 (1977); Hart v. McCollum, 249 Pa. Super. 267, 273 , 376 A.2d 644, 647-48 (1977). 1995See id.; See also, Garfield v. Homowack Lodge Inc., 249 Pa. Super. 392 , 378 A.2d 351 (1977); Hart v. McCollum, 249 Pa. Super. 267, 273 , 376 A.2d 644, 647-48 (1977).	1	1
Hart v. McCollumgreen pasuperct · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995 2 sentences 1995See id.; See also, Garfield v. Homowack Lodge Inc., 249 Pa. Super. 392 , 378 A.2d 351 (1977); Hart v. McCollum, 249 Pa. Super. 267, 273 , 376 A.2d 644, 647-48 (1977). 1995See id.; See also, Garfield v. Homowack Lodge Inc., 249 Pa. Super. 392 , 378 A.2d 351 (1977); Hart v. McCollum, 249 Pa. Super. 267, 273 , 376 A.2d 644, 647-48 (1977).	1	1
Quentin Hedrick v. Daiko Shoji Co., Ltd., Osaka, and Pine Oak Shipping, S.A.green ca9 · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985 2 sentences 1985Accord Hedrick v. Daiko Shoji Co., Ltd., Osaka, supra; Poyner v. Erma Werke Gmbh, 618 F.2d 1186 (6th Cir.), cert. denied sub nom. 1985Accord Hedrick v. Daiko Shoji Co., Ltd., Osaka, supra; Poyner v. Erma Werke Gmbh, 618 F.2d 1186 (6th Cir.), cert. denied sub nom.	1	1
In-Flight Devices Corporation v. Van Dusen Air, Incorporated, Etc.green ca6 · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1982–1982 2 sentences 1982International Shoe Co. v. Washington, supra; see also, In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F 2d 220 (6th Cir. 1972); Kourkene v. American BBR, Inc., 313 F. 2d 769 (9th Cir. 1963).” The first prong of the Proctor test has been met in this case. 1982International Shoe Co. v. Washington, supra; see also, In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F 2d 220 (6th Cir. 1972); Kourkene v. American BBR, Inc., 313 F. 2d 769 (9th Cir. 1963).” The first prong of the Proctor test has been met in this case.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
World-Wide Volkswagen Corp. v. Woodson green scotus · 1980 2 sentences 1980The third, and final, requirement of the Proctor test is that it must appear that “the acts of the defendant . . . have a substantial enough connection with [Pennsylvania] to make the exercise of jurisdiction over it reasonable.” In World-Wide Volkswagen Corporation, et al. v. Charles S. Woodson, District Judge of Creek County, Oklahoma, et al., supra, the Court enumerated several factors to be considered in determining whether the exercise of jurisdiction is reasonable, including the forum state’s interest in resolving the dispute; the plaintiff’s interest in obtaining convenient and effectiv 1980The third, and final, requirement of the Proctor test is that it must appear that “the acts of the defendant . . . have a substantial enough connection with [Pennsylvania] to make the exercise of jurisdiction over it reasonable.” In World-Wide Volkswagen Corporation, et al. v. Charles S. Woodson, District Judge of Creek County, Oklahoma, et al., supra, the Court enumerated several factors to be considered in determining whether the exercise of jurisdiction is reasonable, including the forum state’s interest in resolving the dispute; the plaintiff’s interest in obtaining convenient and effectiv	3	1980–1985
Bork v. Mills green pa · 1974 2 sentences 1984If one or more of the three prongs of the Proctor test is not met, the court must then determine if the non-resident defendant’s activities in the Commonwealth unrelated to the cause of action were “con tinuous and substantial.” Bork v. Mills, 458 Pa. 228 , 329 A.2d 247 (1974). 1984If one or more of the three prongs of the Proctor test is not met, the court must then determine if the non-resident defendant’s activities in the Commonwealth unrelated to the cause of action were “con tinuous and substantial.” Bork v. Mills, 458 Pa. 228 , 329 A.2d 247 (1974).	2	1980–1984
Joe Terry Poyner v. Erma Werke Gmbh and Insurance Company of North America green ca6 · 1980 2 sentences 1985Accord Hedrick v. Daiko Shoji Co., Ltd., Osaka, supra; Poyner v. Erma Werke Gmbh, 618 F.2d 1186 (6th Cir.), cert. denied sub nom. 1985Accord Hedrick v. Daiko Shoji Co., Ltd., Osaka, supra; Poyner v. Erma Werke Gmbh, 618 F.2d 1186 (6th Cir.), cert. denied sub nom.	1	1985–1985
Hanson v. Denckla green scotus · 1958 2 sentences 1984Hanson v. Denckla, [ 357 U.S. 235 (1958)]. 1984Hanson v. Denckla, [ 357 U.S. 235 (1958)].	1	1984–1984
Koenig v. International Brotherhood of Boilermakers green pasuperct · 1980 2 sentences 1984In determining whether such protections and privileges have been invoked, we must look at the extent to which defendant’s contacts with the forum state — not merely plaintiffs unilateral contacts with the Commonwealth — made it foreseeable that the transaction would have consequences in Pennsylvania. 4 Koenig, supra at 560-61 , 426 A.2d at 641 . 1984In determining whether such protections and privileges have been invoked, we must look at the extent to which defendant’s contacts with the forum state — not merely plaintiffs unilateral contacts with the Commonwealth — made it foreseeable that the transaction would have consequences in Pennsylvania. 4 Koenig, supra at 560-61 , 426 A.2d at 641 .	1	1984–1984
International Shoe Co. v. Washington green scotus · 1945 2 sentences 1982International Shoe Co. v. Washington, supra; see also, In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F 2d 220 (6th Cir. 1972); Kourkene v. American BBR, Inc., 313 F. 2d 769 (9th Cir. 1963).” The first prong of the Proctor test has been met in this case. 1982International Shoe Co. v. Washington, supra; see also, In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F 2d 220 (6th Cir. 1972); Kourkene v. American BBR, Inc., 313 F. 2d 769 (9th Cir. 1963).” The first prong of the Proctor test has been met in this case.	1	1982–1982
Jack Paul Kourkene v. American Bbr, Inc., a Corporation green ca9 · 1963 2 sentences 1982International Shoe Co. v. Washington, supra; see also, In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F 2d 220 (6th Cir. 1972); Kourkene v. American BBR, Inc., 313 F. 2d 769 (9th Cir. 1963).” The first prong of the Proctor test has been met in this case. 1982International Shoe Co. v. Washington, supra; see also, In-Flight Devices Corp. v. Van Dusen Air, Inc., 466 F 2d 220 (6th Cir. 1972); Kourkene v. American BBR, Inc., 313 F. 2d 769 (9th Cir. 1963).” The first prong of the Proctor test has been met in this case.	1	1982–1982
McGee v. International Life Insurance green scotus · 1957 2 sentences 1980Co., 355 U.S. 220 , 78 S.Ct. 199 , 2 L.Ed.2d 223 (1957), the Supreme Court offered some guidance as to whether the forum state could exercise jurisdiction over a nonresident defendant that had entered into a contract the performance of which had effects in the forum state. 1980Co., 355 U.S. 220 , 78 S.Ct. 199 , 2 L.Ed.2d 223 (1957), the Supreme Court offered some guidance as to whether the forum state could exercise jurisdiction over a nonresident defendant that had entered into a contract the performance of which had effects in the forum state.	1	1980–1980
Plum v. Tampax, Inc. green pa · 1960 2 sentences 1980In Plum v. Tampax, 399 Pa. 553 , 160 A.2d 549 (1960), the Supreme Court recognized the doctrine of forum non con veniens, that is, that a court may decline to exercise jurisdiction where the litigation can more appropriately be conducted in another forum. 1980In Plum v. Tampax, 399 Pa. 553 , 160 A.2d 549 (1960), the Supreme Court recognized the doctrine of forum non con veniens, that is, that a court may decline to exercise jurisdiction where the litigation can more appropriately be conducted in another forum.	1	1980–1980
Washington v. U. S. Suzuki Motor Corp. green pasuperct · 1978 2 sentences 1980Finally, the fact that the parties asserting jurisdiction here are nonresidents should not limit our jurisdiction, for as we stated in Washington v. U. S. Suzuki Motor Corp., 257 Pa.Super. 482 , 390 A.2d 1339 (1978), “we see no reason to accord nonresident litigants narrower rights than resident litigants have.” Having thus concluded that the Proctor test is satisfied here, we need not reach the question of whether appellee’s activities in Pennsylvania unrelated to the cause of action were “continuous and substantial” enough to warrant exercising jurisdiction over it. 3 We do, however, believe 1980Finally, the fact that the parties asserting jurisdiction here are nonresidents should not limit our jurisdiction, for as we stated in Washington v. U. S. Suzuki Motor Corp., 257 Pa.Super. 482 , 390 A.2d 1339 (1978), “we see no reason to accord nonresident litigants narrower rights than resident litigants have.” Having thus concluded that the Proctor test is satisfied here, we need not reach the question of whether appellee’s activities in Pennsylvania unrelated to the cause of action were “continuous and substantial” enough to warrant exercising jurisdiction over it. 3 We do, however, believe	1	1980–1980
Lebkuecher v. Loquasto green pasuperct · 1978 2 sentences 1980Pankey Institute et al., supra; Whalen and Whalen v. Walt Disney World Company Insurance Company of North America, 274 Pa.Super. 246 , 418 A.2d 389 (1980); Lebkuecher v. Loquasto, 255 Pa.Super. 608 , 389 A.2d 143 (1978); Garfield v. Homowack Lodge, Inc., 249 Pa.Super. 1980Pankey Institute et al., supra; Whalen and Whalen v. Walt Disney World Company Insurance Company of North America, 274 Pa.Super. 246 , 418 A.2d 389 (1980); Lebkuecher v. Loquasto, 255 Pa.Super. 608 , 389 A.2d 143 (1978); Garfield v. Homowack Lodge, Inc., 249 Pa.Super.	1	1980–1980
Whalen v. Walt Disney World Co. green pasuperct · 1980 2 sentences 1980Pankey Institute et al., supra; Whalen and Whalen v. Walt Disney World Company Insurance Company of North America, 274 Pa.Super. 246 , 418 A.2d 389 (1980); Lebkuecher v. Loquasto, 255 Pa.Super. 608 , 389 A.2d 143 (1978); Garfield v. Homowack Lodge, Inc., 249 Pa.Super. 1980Pankey Institute et al., supra; Whalen and Whalen v. Walt Disney World Company Insurance Company of North America, 274 Pa.Super. 246 , 418 A.2d 389 (1980); Lebkuecher v. Loquasto, 255 Pa.Super. 608 , 389 A.2d 143 (1978); Garfield v. Homowack Lodge, Inc., 249 Pa.Super.	1	1980–1980

Where else courts name it

PA 6 (1980–1995) TX 4 (1980–2015) SC 4 (2001–2015) IL 2 (2010–2010) CA 2 (2013–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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