Time Share Vacation Club v. Atlantic Resorts, Ltd. And Coastal Marketing Associates, Inc. And Schuman, Martin L., Jr

I find myself unable to agree with the majority opinion, based on my understanding of Pennsylvania law. I read the majority opinion as holding that the allegations contained in the plaintiffs affidavit were insufficient, as a matter of law, to show the defendants’ amenability to suit in Pennsylvania. Federal Rule of Civil Procedure 4(e) provides that the sufficiency of the affidavit is a matter of Pennsylvania law. Pennsylvania courts test the existence of minimum contacts sufficient for exercise of long-arm jurisdiction under the three-part test set out in Proctor & Schwartz v. Cleveland…