Benton v. Cameco Corp

In Benton v. Cameco Corp., 375 F.3d 1070, 1079-80 (10th Cir.2004), the Tenth Circuit held that due process was offended by the exercise of specific jurisdiction over a Canadian defendant in Colorado court even though the plaintiff was a Colorado resident and the defendant had sufficient minimum contacts with the forum. Because the defendant was a foreign corporation and Canadian law governed, the burden on the defendant was significant. Id. at 1079. Although Colorado and the plaintiff had an interest in the litigation being adjudicated in Colorado because the plaintiff was a Colorado resident, this factor did not weigh heavily in either parties' favor because Colorado law would not govern the parties' dispute. Id. Moreover, the judicial system's interest in efficient resolution of cases favored dismissal because many of the witnesses were located in Canada, the allegedly injurious act occurred in Canada, and Canadian law governed the dispute. Id. at 1080.