The impact of piracy on the revenue loss as estimated by the Motion Picture
Association of America is approximately $1.5 billion per year.
a. True
b. False
Answer:
California Agricultural Aircraft Services, Inc. (CAAS) is a California corporation
headquartered in Sacramento.
CAAS leases aircraft to crop dusting businesses through California. CAAS entered into
a contract with Shà nghai Aircraft Company (SAC), a state-owned enterprise organized
pursuant to the laws of the People’s Republic of China. The contract provided for the
manufacture by SAC and purchase by CAAS of ten crop dusting aircraft at a price of
U.S. $2.1 million, a savings of approximately $200,000 compared to crop dusting
aircraft available from other manufacturers. One of the aircraft delivered to CAAS was
subsequently leased to Central Valley Crop Dusting, Inc. (CVCD), a California
corporation. One month later, this aircraft crashed during a CVCD spraying operation
resulting in a complete loss of the aircraft and serious injuries to the pilot. The pilot
stated that the engine lost power and then caught on fire while he was attempting an
emergency landing. Subsequent investigations by federal and state authorities
determined the sole cause of the crash to be catastrophic engine failure. CVCD and its
pilot subsequently initiated litigation in the San Joaquin County Superior Court against
CAAS, claiming breach of numerous provisions within the lease agreement, strict
product liability and negligence. CAAS immediately notified SAC regarding the
litigation and requested indemnification, but SAC did not respond to this request.
CAAS is now contemplating joining SAC as a co-defendant to CVCD’s lawsuit.
What defense could SAC assert to the exercise of personal jurisdiction by the San
Joaquin County Superior Court? What does this defense provide? Would this defense be
successful in this case? Why or why not?
Answer: