Duquesne Law Review


Much has been written concerning the due process requirements for the assertion of jurisdiction over nonresident defendants. The problem, however, is to a great extent academic in Pennsylvania where, as Mr. Justice O'Brien of the Pennsylvania Supreme Court commented in a recent case, the legislature has "been erring too much on the side of safety." Justice O'Brien, in a case which dealt with a limited longarm statute of Pennsylvania, recognized that currently a "due process gap" exists, namely that the legislature has failed to pass long-arm statutes which are as broad as due process would permit. It is the purpose of this comment to examine the serious "gap" that exists and its consequences to the Pennsylvania resident.

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