phillips petroleum shutts argued february decided june petitioner produced purchased natural gas leased land located respondents royalty owners possessing rights leases petitioner produced gas brought class action petitioner kansas state seeking recover interest royalty payments delayed petitioner trial certified class consisting royalty owners respondents provided class member notice mail describing action informing member appear person counsel otherwise represented respondents class members included class bound judgment unless opted action returning request exclusion final class consisted members reside district columbia several foreign countries notwithstanding gas leases question plaintiff class members apparent connection kansas except lawsuit trial applied kansas contract equity law every claim found petitioner liable interest suspended royalties class members kansas affirmed petitioner contentions due process clause fourteenth amendment prevented kansas adjudicating claims class members clause full faith credit clause prohibited application kansas law transactions petitioner class members held petitioner standing assert claim kansas jurisdiction class members kansas residents connection kansas whether wins loses merits petitioner distinct personal interest seeing entire plaintiff class bound res judicata petitioner bound way petitioner assure binding effect ascertain forum jurisdiction every plaintiff whose claim seeks adjudicate sufficient support res judicata defense later suit class members alleged injury petitioner incur judgment became final without binding plaintiff class sufficient give petitioner standing right raise jurisdiction claim pp kansas trial properly asserted personal jurisdiction absent plaintiff class members claims petitioner due process clause requires notice opportunity appear person counsel opportunity opt adequate representation require absent class members affirmatively opt class rather deemed members class opt procedure followed kansas fully descriptive notice sent mail class member explanation right opt satisfies due process interests absent plaintiff class members sufficiently protected forum state plaintiffs provided request exclusion returned within reasonable time trial pp kansas erred deciding application kansas law claims constitutional kansas must significant contact aggregation contacts claims asserted plaintiff class member order ensure choice kansas law arbitrary unfair given kansas lack interest claims unrelated state substantive conflict kansas law law texas leased land question located application kansas law every claim case sufficiently arbitrary unfair exceed constitutional limits pp rehnquist delivered opinion burger brennan white marshal blackmun joined parts ii stevens joined stevens filed opinion concurring part dissenting part post powell took part decision case arthur miller argued cause petitioner briefs joseph kennedy robert coykendall kenneth heady william paul cubbage ii joel klein argued cause respondents brief luke chapin ed moore harold greenleaf briefs amici curiae urging reversal filed legal foundation america david crump amoco production lucas powe landt glenn young alan morrison david vladeck filed brief public citizen amicus curiae urging affirmance david kahn filed brief consumer coalition amicus curiae justice rehnquist delivered opinion petitioner delaware corporation principal place business oklahoma produced purchased natural gas leased land located different sold gas interstate commerce respondents royalty owners possessing rights leases petitioner produced gas reside district columbia several foreign countries respondents brought class action petitioner kansas state seeking recover interest royalty payments delayed petitioner recovered judgment trial kansas affirmed judgment petitioner contentions due process clause fourteenth amendment prevented kansas adjudicating claims respondents due process clause full faith credit clause article iv constitution prohibited application kansas law transactions petitioner respondents granted certiorari consider claims reject petitioner jurisdictional claim sustain claim regarding choice law petitioner sold gas customers interstate commerce required secure approval price increases federal power commission federal energy regulatory commission regulations federal power commission permitted petitioner propose collect tentative higher gas prices subject final approval commission commission eventually denied petitioner proposed price increase reduced proposed increase petitioner refund customers difference approved price higher price charged plus interest rate set statute see cfr although petitioner received higher gas prices pending review commission petitioner suspended increase royalties paid royalty owners higher price subject recoupment petitioner customers petitioner agreed pay higher royalty royalty owners provide petitioner bond indemnity increase plus interest case price increase ultimately approved refund due customers petitioner set interest rate indemnity agreements interest rate commission required petitioner refund customers small percentage royalty owners provided indemnity received royalties immediately interim price increases royalty owners unimportant case remaining royalty owners received royalty unapproved portion prices federal power commission approval prices became final royalties unapproved portion gas price suspended three times petitioner corresponding three proposed price increases three written opinions commission approved petitioner tentative price increases petitioner paid royalty owners suspended royalties million million million petitioner paid interest royalty owners although use suspended royalty money number years respondents irl shutts robert anderson betty anderson filed suit petitioner kansas state seeking interest payments suspended royalties petitioner possessed pending commission approval price increases shutts resident kansas andersons live oklahoma shutts andersons gas leases oklahoma texas petitioner objection kansas trial granted respondents motion certify suit class action kansas law stat ann et seq class certified comprised royalty owners royalties suspended petitioner average claim royalty owner interest suspended royalties class certified respondents provided class member notice mail notice described action informed class member appear person counsel otherwise member represented shutts andersons named plaintiffs notices also stated class members included class bound judgment unless opted lawsuit executing returning request exclusion included notice final class certified contained members opted class returning request exclusion notice delivered another members also excluded less class members resided kansas minuscule amount approximately one quarter one percent gas leases involved lawsuit kansas land petitioner mandamus petition decertify class denied phillips petroleum duckworth june cert denied case tried found petitioner liable kansas law interest suspended royalties class members trial relied heavily earlier unrelated class action involving nominal plaintiff defendant shutts executor phillips petroleum cert denied kansas held shutts executor gas company owed interest royalty owners royalties suspended pending final commission approval price increase federal statutes touched liability suspended royalties shutts executor held matter kansas equity law applicable interest rates computation interest suspended royalties interest rates gas company reimburse customers interim price increase rejected commission shutts executor viewed fairest interest rates also rates petitioner required royalty owners meet indemnity agreements order avoid suspended royalties trial present case applied rule shutts executor held petitioner liable prejudgment postjudgment interest suspended royalties computed commission rates governing petitioner three price increases see cfr applicable interest rates royalties retained october royalties retained october september thereafter average prime rate trial determine whether difference existed laws kansas whether another state laws applied plaintiffs royalties leases kansas petitioner raised two principal claims appeal kansas first asserted kansas trial possess personal jurisdiction absent plaintiff class members required international shoe washington similar cases related first claim petitioner contention notice absent class members forced return request exclusion order avoid suit insufficient bind class members residents kansas possess minimum contacts kansas second petitioner claimed kansas courts apply kansas law every claim dispute trial looked laws state leases located determine basis conflict laws principles whether interest suspended royalties recoverable rate kansas held entire cause action maintainable kansas statute rejected petitioner claims first held absent class members plaintiffs defendants thus traditional minimum contacts test international shoe apply held nonresident plaintiffs entitled adequate notice opportunity heard opportunity opt case adequate representation named plaintiffs procedural due process minima met according kansas assert jurisdiction plaintiff class bind class member judgment claim surveyed course litigation concluded minima met also rejected petitioner contention kansas law applied plaintiffs royalty arrangements connection kansas stated generally law forum controlled claims unless compelling reasons existed apply different law found compelling reasons noted plaintiff class members indicated desire action determined laws kansas affirmed matter kansas equity law award interest suspended royalties rates imposed trial set postjudgment interest rate claims kansas statutory rate threshold matter must determine whether petitioner standing assert claim kansas possess proper jurisdiction many plaintiffs class kansas residents connection kansas respondents claim party generally may assert rights petitioner standing assert rights adversary plaintiff class order defeat judgment favor class standing sue article iii course federal question depend party prior standing state doremus board education baker carr generally stated federal standing requires allegation present immediate injury fact party requesting standing alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues ibid must causal connection asserted injury challenged action injury must type likely redressed favorable decision valley forge christian college americans separation church state see simon eastern kentucky welfare rights arlington heights metropolitan housing dev additional prudential limitations standing may exist even though article iii requirements met judiciary seeks avoid deciding questions broad social import individual rights vindicated limit access federal courts litigants best suited assert particular claim gladstone realtors village bellwood one prudential limits standing litigant must normally assert legal interests rather third parties see singleton wulff craig boren respondents claim petitioner barred rule requiring party assert rights point respondents petitioner adversaries allied interests petitioner good proponent class members interests urge petitioner interference unneeded class members opportunity complain kansas assertion jurisdiction claim none done see singleton supra respondents may correct petitioner possess standing jus tertii issue petitioner seeks vindicate interests defendant petitioner unique predicament kansas possess jurisdiction plaintiff class petitioner bound judgment holders scattered across globe none bound kansas decree petitioner subject numerous later individual suits class members judgment issued without proper personal jurisdiction absent party entitled full faith credit elsewhere thus res judicata effect party whether wins loses merits petitioner distinct personal interest seeing entire plaintiff class bound res judicata petitioner bound way defendant like petitioner assure binding effect judgment ascertain forum jurisdiction every plaintiff whose claim seeks adjudicate sufficient support defense res judicata later suit damages class members true adjudicating dispute may able predetermine res judicata effect judgment petitioner alleged obviously immediately injured judgment became final without binding plaintiff class think injury sufficient give petitioner standing right raise jurisdiction claim petitioner posture somewhat similar trust settlor defendant hanson denckla found standing challenge forum personal jurisdiction trust company indispensable party forum state law proceed action without jurisdiction trust company observed defendant affected judgment ha direct substantial personal interest outcome necessary challenge whether jurisdiction fact acquired quoting chicago atchison ii reduced essentials petitioner argument unless plaintiffs affirmatively consent kansas courts may exert jurisdiction claims petitioner claims failure execute return request exclusion provided class notice constitute consent plaintiffs thus kansas courts may exercise jurisdiction plaintiffs plaintiffs possess sufficient minimum contacts kansas term used cases involving personal jurisdiction defendants international shoe washington shaffer heitner volkswagen woodson since kansas prelitigation contact many plaintiffs leases involved petitioner claims kansas exceeded jurisdictional reach thereby violated due process rights absent plaintiffs international shoe faced corporation sought avoid exercise personal jurisdiction defendant washington state held extent defendant due process protection depend upon quality nature activity relation fair orderly administration laws noted due process clause permit state make binding judgment person state contacts ties relations ibid defendant possessed certain minimum contacts state reasonable according traditional conception fair play substantial justice state exercise personal jurisdiction state force defendant defend forum upon pain default bind judgment purpose test course protect defendant travail defending distant forum unless defendant contacts forum make force defend explained woodson supra defendant contacts reasonably anticipate haled forum insurance ireland compagnie des bauxites de guinee explained requirement personal jurisdiction comes due process clause protection defendant personal liberty interest said requirement represents restriction judicial power matter sovereignty matter individual liberty omitted although cases like shaffer woodson petitioner relies minimum contacts requirement dealt defendants parties procedural posture defendant cf new york life ins dunlevy estin estin petitioner claims analysis must apply absent plaintiffs regard petitioner correctly points chose action constitutionally recognized property interest possessed plaintiffs mullane central hanover bank trust adverse judgment kansas courts case may extinguish chose action forever res judicata adverse judgment petitioner claims every bit onerous absent plaintiff adverse judgment merits defendant thus due process protections apply absent plaintiffs kansas able exert jurisdiction plaintiffs claims unless plaintiffs sufficient minimum contacts kansas think petitioner premise error burdens placed state upon absent plaintiff order magnitude places upon absent defendant defendant summoned plaintiff faced full powers forum state render judgment defendant must generally hire counsel travel forum defend plaintiff claim suffer default judgment defendant may forced participate extended often costly discovery forced respond damages comply form remedy imposed lose suit defendant may also face liability costs attorney fees burdens substantial minimum contacts requirement due process clause prevents forum state unfairly imposing upon defendant plaintiff however quite different posture noted difference hansberry lee explained class representative suit exception rule one bound judgment personam unless one made fully party traditional sense citing pennoyer neff pointed hansberry class action invention equity enable proceed decree suits number interested litigation great permit joinder absent parties bound decree long named parties adequately represented absent class prosecution litigation within common interest modern plaintiff class actions follow goals permitting litigation suit involving common questions many plaintiffs proper joinder class actions also may permit plaintiffs pool claims uneconomical litigate individually example lawsuit involves claims averaging per plaintiff plaintiffs realistic day class action available sharp contrast predicament defendant haled forum plaintiffs suit haled anywhere defend upon pain default judgment commentators noted plaintiffs point view class action resembles proceeding conducted judge moore kennedy moore federal practice kaplan continuing work civil committee amendments federal rules civil procedure harv rev plaintiff class kansas numerous jurisdictions first certified unless judge aid named plaintiffs defendant conducts inquiry common nature named plaintiffs absent plaintiffs claims adequacy representation jurisdiction possessed class matters bear upon proper representation absent plaintiffs interest see stat ann fed rule civ proc unlike defendant civil suit plaintiff required fend see stat ann named plaintiffs protect interests indeed defendant great interest ensuring absent plaintiffs claims properly forum case example defendant sought avoid class certification alleging absent plaintiffs adequately represented amendable jurisdiction see phillips petroleum duckworth june concern typical rules absent plaintiffs manifested ways jurisdictions including kansas require class action certified may dismissed compromised without approval many jurisdictions kansas may amend pleadings ensure sections class represented adequately stat ann see also fed rule civ proc besides continuing solicitude rights absent plaintiff class members subject burdens imposed upon defendants need hire counsel appear almost never subject counter claims liability fees costs absent plaintiff class members subject coercive punitive remedies adverse judgment typically bind absent plaintiff damages although valid adverse judgment may extinguish plaintiff claims litigated unlike defendant normal civil suit absent plaintiff required anything may sit back allow litigation run course content knowing safeguards provided protection class actions absent plaintiff provided least opportunity opt class takes advantage opportunity removed litigation entirely true kansas proceedings case kansas procedure provided mailing notice class member mail notice previously indicated described action informed class member appear person counsel default represented named plaintiffs attorneys notice stated class members included class bound judgment unless opted executing returning request exclusion included notice petitioner contends however opt procedure provided kansas good enough opt procedure required satisfy due process clause fourteenth amendment insofar plaintiffs minimum contacts forum state concerned opt provision require class member affirmatively consent inclusion within class place fewer burdens upon absent class plaintiffs upon absent defendants nonclass suits due process clause need afford former much protection jurisdiction latter fourteenth amendment protect persons defendants however absent plaintiffs well absent defendants entitled protection jurisdiction forum state seeks adjudicate claims case hold forum state may exercise jurisdiction claim absent plaintiff even though plaintiff may possess minimum contacts forum support personal jurisdiction defendant forum state wishes bind absent plaintiff concerning claim money damages similar relief law must provide minimal procedural due process protection plaintiff must receive notice plus opportunity heard participate litigation whether person counsel notice must best practicable reasonably calculated circumstances apprise interested parties pendency action afford opportunity present objections mullane cf eisen carlisle jacquelin notice describe action plaintiffs rights additionally hold due process requires minimum absent plaintiff provided opportunity remove class executing returning opt request exclusion form finally due process clause course requires named plaintiff times adequately represent interests absent class members hansberry reject petitioner contention due process clause fourteenth amendment requires absent plaintiffs affirmatively opt class rather deemed members class opt think contention supported little precedent ignores differences plaintiffs one hand defendants nonclass civil suits plaintiff may consent jurisdiction keeton hustler magazine essential question stringent requirement showing consent think procedure followed kansas fully descriptive notice sent mail class member explanation right opt satisfies due process requiring plaintiff affirmatively request inclusion probably impede prosecution class actions involving aggregation small individual claims large number claims required make economical bring suit see eisen supra plaintiff claim may small plaintiff unfamiliar law file suit individually affirmatively request inclusion class request required constitution hand plaintiff claim sufficiently large important wishes litigate likely retained attorney thought filing suit fully capable exercising right opt case members potential class opt belies contention opt procedures result guaranteed jurisdiction inertia another excluded notice opt form undeliverable think results show opt procedure provided kansas means pro forma constitution require protect must somewhat rare species class member unwilling execute opt form whose claim nonetheless important presumed consent member class failure petitioner opt requirement require invalidation scores state statutes provision federal rules civil procedure reasons stated think constitution requires state sacrifice obvious advantages judicial efficiency resulting form opt approach protection rara avis portrayed petitioner therefore hold protection afforded plaintiff class members kansas statute satisfies due process clause interest absent plaintiffs sufficiently protected forum state plaintiffs provided request exclusion returned within reasonable time see insurance ireland kansas trial kansas held class received adequate representation party disputes conclusion conclude kansas properly asserted personal jurisdiction absent plaintiffs claims petitioner iii kansas courts applied kansas contract kansas equity law every claim case notwithstanding gas leases plaintiffs case apparent connection state kansas except lawsuit petitioner protested kansas courts apply laws leases located least apply texas oklahoma law many leases came kansas courts disregarded contention found petitioner liable interest suspended royalties matter kansas law set interest rates kansas equity principles petitioner contends total application kansas substantive law violated constitutional limitations choice law mandated due process clause fourteenth amendment full faith credit clause article iv must first determine whether kansas law conflicts material way law apply injury applying kansas law conflict jurisdiction connected suit petitioner claims kansas law conflicts number connected litigation especially texas oklahoma putative conflicts range direct tangential may addressed kansas remand correct constitutional standard example recorded oklahoma decision dealing interest liability suspended royalties whether oklahoma likely impose liability require survey oklahoma oil gas law even oklahoma found liability petitioner shows oklahoma likely apply constitutional statutory interest rate rather much higher kansas rates applied litigation okla art xiv okla tit supp rendezvous trails america ayers app smith robinson west edmond hunton lime unit young additionally petitioner points oklahoma statute excuses liability interest creditor accepts payment full principal without claim interest okla tit cf webster drilling sterling oil oklahoma petitioner contends ignoring statute kansas courts created liability exist oklahoma petitioner also points several conflicts kansas texas law although texas recognizes interest liability suspended royalties texas never awarded interest rate greater corresponds texas constitutional statutory rate tex art tex rev civ stat art vernon see phillips petroleum stahl petroleum tex phillips petroleum adams cert denied cf maxey texas commerce bank tex moreover least one interpreting texas law appears held texas excuses interest liability gas company offers take indemnity royalty owner pay suspended royalty price increase still tentative phillips petroleum riverside gas compression supp nd tex rule contrary kansas law applied applied texas plaintiffs leases case vastly reduce petitioner liability conflicts applicable interest rates alone think labeled false conflicts without thoroughgoing treatment accorded kansas certainly amounted millions dollars liability think kansas erred deciding basis application laws claims constitutional four terms ago addressed similar situation allstate ins hague case confronted two conflicting rules state insurance law minnesota permitted stacking separate uninsured motorist policies wisconsin although decedent lived wisconsin took insurance policies killed employed minnesota death widow moved minnesota reasons unrelated litigation appointed personal representative estate filed suit minnesota courts applied minnesota stacking rule plurality allstate noted particular set facts giving rise litigation justify constitutionally application one jurisdiction laws plurality recognized however due process clause full faith credit clause provided modest restrictions application forum law restrictions required state substantive law selected constitutionally permissible manner state must significant contact significant aggregation contacts creating state interests choice law neither arbitrary fundamentally unfair dissenting justices substantial agreement principle opinion powell joined burger rehnquist dissent stressed due process clause prohibited application law casually slightly related litigation full faith credit clause required forum respect laws judgments subject forum interests furthering public policy plurality allstate affirmed application minnesota law forum significant contacts litigation supported state interest applying law see kansas contacts litigation explained kansas gleaned opinion petitioner owns property conducts substantial business state kansas certainly interest regulating petitioner conduct kansas moreover oil gas extraction important business kansas although leases issue located kansas hundreds kansas plaintiffs affected petitioner suspension royalties thus held state real interest protecting rights royalty owners individual residents kansas members particular class plaintiffs kansas pointed kansas courts quite familiar type lawsuit plaintiff class members indicated desire action determined laws kansas finally kansas buttressed use kansas law stating lawsuit analogous suit common fund located kansas lightly discount description kansas contacts litigation interest applying law however common fund located kansas require support application kansas law claims see hartford life ins ibs kansas noted petitioner commingled suspended royalties general corporate accounts specific identifiable res kansas limited amount may depleted every plaintiff compensated somehow aggregating separate claims case common fund sense created term becomes meaningless used expansive sense also give little credence idea kansas law apply claims plaintiffs failing opt evinced desire bound kansas law even one say plaintiffs consented application kansas law opting plaintiff desire forum law rarely ever controlling cases plaintiff shows obvious wish forum law filing plaintiff choose substantive rules applied action invitation forum shopping irresistible allstate supra opinion powell even plaintiff evidences desire forum law moving forum generally accorded move little significance john hancock mut life ins yates home ins dick allstate plaintiff move forum relevant unrelated prior litigation thus plaintiffs desire kansas law manifested participation kansas lawsuit bears little relevance kansas opinion case expressed view reason fact adjudicating nationwide class action much greater latitude applying law transactions question might otherwise case general rule law forum applies unless expressly shown different law governs case doubt law forum preferred state determines jurisdiction nationwide class action procedural due process guarantees notice adequate representation present believe law forum applied unless compelling reasons exist applying different law compelling reasons exist require look state laws determine rights parties involved lawsuit kansas must significant contact significant aggregation contacts claims asserted member plaintiff class contacts creating state interests order ensure choice kansas law arbitrary unfair allstate given kansas lack interest claims unrelated state substantive conflict jurisdictions texas conclude application kansas law every claim case sufficiently arbitrary unfair exceed constitutional limits considering fairness context important element expectation parties see allstate supra opinion powell indication leases involving land royalty owners outside kansas executed parties idea kansas law control neither due process clause full faith credit clause requires kansas substitute laws applicable persons events within conflicting statute another state pacific employees ins industrial accident kansas may abrogate rights parties beyond borders relation anything done done within home ins dick supra kansas took view nationwide class action procedural due process guarantees notice adequate representation met law forum applied unless compelling reasons exist applying different law whatever practical reasons may commended rule kansas reasons already stated believe consistent decisions make effort determine law must apply various transactions involved lawsuit reaffirm observation allstate many situations state may free apply one several choices law constitutional limitations laid cases allstate home ins dick supra must respected even nationwide class action therefore affirm judgment kansas insofar upheld jurisdiction kansas courts plaintiff class members case reverse judgment insofar held kansas law applicable transactions sought adjudicate remand case proceedings inconsistent opinion ordered footnotes petitioner places emphasis fact absent class members might subject discovery counterclaims costs petitioner cites cases involving imposition upon plaintiffs however convinced burdens rarely imposed upon plaintiff class members disposition issues best left case presents concrete way holding today limited class actions seek bind known plaintiffs concerning claims wholly predominantly money judgments intimate view concerning types class actions seeking equitable relief course discussion personal jurisdiction address class actions jurisdiction asserted defendant class regard reporter amendments federal rules civil procedure stated equiring individuals affirmatively request inclusion lawsuit result freezing claims people especially small claims held small people one reason another ignorance timidity unfamiliarity business legal matters simply take affirmative step kaplan continuing work civil committee amendments federal rules civil procedure harv rev following statutes procedural rules permit opt notice types class actions fed rule civ proc rule civ proc alaska rule civ proc rule civ proc cal civ code ann west consumer class action rule civ proc del ch rule super rule civ proc rule civ proc idaho rule civ proc ind rule trial proc iowa rule civ proc stat ann rule civ proc rule civ proc md rule civ proc rule rule civ proc mo rule civ proc mont rule civ proc rule civ proc civ prac rule civ prac law mckinney rule civ proc ohio rule civ proc okla tit supp rule civ proc ii rule civ proc rule civ proc rule civ proc rule wyo rule civ proc commission approved petitioner price increases opinion nos petitioner reimbursed royalty owners million suspended royalties respectively leases located resident plaintiffs follows opinion royalty leases royalties owners state state leases state opinion royalty leases royalties owners state state leases state opinion royalty leases royalties owners state state leases state kansas interest rate also conflicts rate applicable louisiana time suit filed rate see la civ code art amended wurzlow placid oil la app applying art oil gas royalties case kansas held trial determine whether difference existed laws kansas whether another state law applied respondents contend trial actually incorporated reference opinion shutts executor looked texas oklahoma interest rate statutes found inapplicable think kansas fully adopted discussion shutts executor holding case even agreed shutts executor somehow incorporated insufficient shutts executor case involving rather present moreover gas region involved shutts executor primarily within kansas borders shutts executor considered conflict involving interest rate liability state statutes finding texas rate inapplicable cited follow contrary texas precedent justice stevens concurring part dissenting part reasons stated parts ii opinion agree kansas courts properly exercised jurisdiction class action also recognize use word compelling portion kansas opinion read context may create inaccurate impression holding see ante job however review judgments edit opinions firmly convinced constitutional defect judgment review recognizes constitutional injury applying kansas law conflict jurisdiction connected suit ante fair reading kansas opinion light earlier opinion shutts phillips petroleum hereinafter shutts cert denied reveals kansas examined laws connected jurisdictions correctly concluded direct substantive conflict law applied kansas laws cf ante kansas merely developed general principles accommodate novel facts litigation state courts either agree kansas yet addressed precisely similar claims consequently conclude full faith credit clause constitution require kansas apply law state fourteenth amendment due process clause prevent kansas applying law case errs today applies loose definition sort conflict laws required state constitutional claim allowing phillips tactical victory merely allegations putative likely conflicts ante analysis also treats two relevant constitutional provisions though imposed constraints forum view however potential impact kansas choice interests sovereign fairness decision litigants separately considered see allstate insurance hague stevens concurring judgment inquiries essential better understanding merits underlying dispute gleaned opinion therefore begin explanation background litigation petitioner phillips large independent producer purchaser seller natural gas beginning prices sold natural gas interstate pipeline companies regulated federal power commission commission phillips petroleum wisconsin party large number producing oil gas leases phillips obligated pay percentage value production usually persons owning interest leased areas royalty owners royalty owners due monthly royalties contractual agreements made directly phillips see shutts supra others due royalties contracts made gas producers sell gas phillips separate contract producers phillips assumed producer responsibility distribute royalties royalty owners relationship phillips royalty owners regulated commission although course materially affected commission control pricing relationship phillips customers series orders entered commission established practice suspending price increases proposed phillips approved commission allowing phillips collect higher proposed prices upon filing phillips commission corporate undertaking refund customers portion increase ultimately disapproved commission pursuant commission regulation phillips agrees unapproved prices collects subject refund interest seven percent per annum date receipt september eight percent per annum thereafter paid fpc approve sales price shutts supra emphasis deleted citing cfr commission opinion phillips receipts periods proposed price increases yet received final approval therefore include two components firm proceeds fpc suspense money example increase price cents per mcf thousand cubic feet cents consideration collection higher price include firm proceeds cents cents fpc suspense money july price increase applicable tristate area kansas oklahoma texas pending phillips sent notice royalty owners area advising notice paid royalties basis firm proceeds royalties based suspense money paid determined sums collected longer subject refund notice also advised royalty owners receive ongoing payment royalties suspense money well furnished phillips acceptable indemnity cover proportionate part required refunds plus required interest shutts emphasis added indemnity phillips required corporate security bond covering principal amount based estimated production period plus interest rate phillips required pay customers price increase approved royalty owners provided phillips indemnity approximately royalty owners receive royalties suspense proceeds years later price increase finally approved situation succinctly summarized kansas shutts june october phillips deposited increased rate monies collected general account commingled funds without ever giving notice fact royalty owners time holding money important note period time phillips entitlement gas royalty owners share suspense royalties whether rates approved fpc phillips never owned money phillips collected increased rates condition increase attributable royalty owners ever go phillips royalty share according eventual fpc ruling either go phillips royalty owners back phillips gas purchasers interest part one part emphasis original foregoing facts gave rise shutts case shutts ii involves suspense royalties due similar price increases approved larger number royalty owners interests leased areas located including kansas otherwise however ith exceptions case similar legal issues factual situation presented shutts cases involve kansas characterized common fund consisting suspense royalties undeniably owed phillips paid periods several years commission approval rate increases pending undisputed phillips enjoyed unfettered use money see testimony phillips treasurer also undisputed commission proceedings ended none money retained phillips extent price increase disapproved refund purchasing pipelines plus interest rate set commission required extent increases approved money contractually owned royalty owners kansas noted significant gas royalty suspense monies never belong phillips ibid emphasis deleted shutts kansas held general equitable principles required award interest royalties owned royalty owners used phillips number years support conclusion relied general statements two kansas cases long line federal cases applying texas law concluding equity requires award interest suspense royalties similar circumstances noted oklahoma decisions allowing interest suspense royalties concluded several oklahoma decisions hold interest may awarded equitable grounds necessary arrive fair compensation smith owens first nat bank exchange nat bank app finally construed royalty agreements issue containing contractual obligation pay interest royalties period time suspense money held used phillips thus kansas also found result consistent texas decision point stahl petroleum phillips petroleum tex civ app awarded interest suspended royalties based terms royalty agreement rather unjust enrichment significantly texas subsequently affirmed stahl judgment relied kansas decision shutts decide equity well contract law requires interest suspense royalties phillips petroleum stahl petroleum determining phillips liable interest suspense royalties reversed trial decision rate statutory interest rate kansas oklahoma texas kansas noted statutory rate three expressly applied rate agreed upon case phillips made express agreement evidenced corporate undertaking pay interest rate set commission suspense moneys found refundable kansas therefore declined apply state interest statute including quitable principles require contractual principles dictate royalty owners receive treatment refunded purchasers payment fpc rate interest finally kansas rejected phillips contention royalty owners waived claims interest accepting payment royalties later failing post indemnity acceptable phillips order receive contemporaneous payment suspense royalties noted conditions imposed phillips far stringent corporate undertaking phillips filed fpc concluded apparent phillips previous imposition burdensome conditions upon royalty owners designed accomplish precisely facts disclose virtually none royalty owners complied conditions thereby leaving suspense royalties hands phillips stakeholder use pleasure found rule payment principal sum legal bar subsequent action interest inapplicable facts instead payment royalties due plaintiff class members instead extinguishing debt constituted partial payment debt situation invokes application rule provides applying partial payments debt due absence agreement statute contrary payment first applied interest due ibid shutts ii case review kansas adopted earlier analysis shutts without repeating although larger class involved shutts legal issues presented substantially issues complex thoroughly reviewed shutts noting phillips satisfactorily established apply rule enunciated shutts kansas went state jurisdiction nationwide class action properly asserted law forum applied unless compelling reasons exist applying different law ii course concern substantive merits decisions reached state courts faithfully applying law law another state application purely state law issue power delegated us restraint unconstitutional action correction alleged errors committed judiciary commercial bank cincinnati buckingham executors constitution expressly mandate particular correct choices law rather state choice law invoke constitutional protections hence jurisdiction contravenes explicit constitutional limitation thus long settled mere misconstruction forum laws sister state violation full faith credit clause carroll lanza frankfurter dissenting clause requires accord full faith credit laws acknowledge validity finality laws attempt good faith apply necessary applied home state courts justice holmes explained nothing suggest one state candidly construing another state law best ability even wrong something error construction necessary invoke constitution pennsylvania fire ins gold issue mining milling merely state general principles refute argument kansas decision violated full faith credit clause opinion shutts indicates kansas made careful survey relevant laws oklahoma texas whose law proffered relevant litigation acknowledges ante state laws judicial decisions precisely point kansas judgment roughly analogous texas oklahoma cases supported results kansas reached kansas expressly declared multistate action also give careful consideration attempted possible conflict law problems judge might disagree substantive legal determinations made kansas although nothing opinion seems erroneous approach possible choices law evinces precisely full faith credit constitution requires imaginable even review another state law might still unjustifiably infring upon legitimate interests another state violate full faith credit clause allstate stevens concurring judgment example texas oil company texas royalty owner interest texas lease treated directly contrary stated policy state texas kansas honest blunder constitution might bar parochial entrenchment texas interests thomas washington gas light plurality opinion case distant situation need pursue theoretical possibility even phillips contend stated policies plainly contravened discussion founded merely absence reported decisions speculation oklahoma texas courts might likely case like ante simply demonstration kansas decision impaired legitimate interests infringed sovereignty slightest iii nevertheless possible state choice law violate constitution totally arbitrary fundamentally unfair litigant violates due process clause allstate stevens concurring judgment forum connection lawsuit jurisdiction parties decision apply forum state law might frustrat justifiable expectations parties unconstitutional however constitutional claim unfair surprise based merely upon unexpected choice particular state law must rest persuasive showing unexpected result arrived application law thus absent conflict laws terms results produce due process clause simply violated underlying theory due process claim must parties plan conduct contractual relations based upon legitimate expectations concerning subsequent legal consequences actions example might base decision belief law particular state govern change state law interim execution performance contract violate due process clause constitution violated simply state made unanticipated ruling previously unanswered question law perhaps question case perfectly clear due process violation classic false conflicts case phillips demonstrated significant conflicts exist merely oklahoma texas state case law silent concerning equitable theories developed kansas courts litigation even language oklahoma texas statutes suggests likely reach different results ante heavy reliance characterization law provided phillips adequate substitute neutral review ante petitioner claims petitioner shows petitioner points petitioner also points unmistakable review shutts kansas examined laws cited today indicative direct conflicts construed supportive kansas result precedents say nothing constitution statutory jurisdiction review judgments permit substantive judgments moreover independent examination demonstrates solid support kansas conclusions crux disagreement standard applied evaluate sufficiency allegations conflicts necessary support constitutional claim rather potential putative even likely conflicts require demonstration unambiguous conflict established law another state essential element constitutional claim arguments state merely applied general principles novel manner reconciled arguably conflicting laws erroneously face unprecedented factual circumstances suffice make constitutional issue case kansas application general principles equity interpretation agreements reliance commission regulations construction general statutory terms contravened established legal principles consequently characterized either arbitrary fundamentally unfair phillips therefore find due process violation kansas decision iv final analysis today may merely expressing disagreement kansas statement nationwide class action law forum applied unless compelling reasons exist applying different law considering statement background kansas careful analysis shutts however confident agree every state obligation full faith credit clause respect legitimate interests avoid infringement upon sovereignty allstate stevens concurring judgment see nevada hall also agreed fact decision may unsound necessarily implicate federal concerns embodied full faith credit clause allstate stevens concurring judgment see ante many situations state may free apply one several choices law allstate plurality opinion suit involves claims connected forum state constitution requires relevant laws brought attention forum examined fairly prior making choice law reviews judgments opinions chevron natural resources defense council criticism portion kansas opinion taken context provides insufficient basis reversing judgment unless actual choice kansas law violated substantial constitutional rights parties see power review judgments state law including state law choice law extend reversal based disagreement law application review record underlying litigation convincingly demonstrates despite phillips protestations regarding kansas development principles disregard laws unfair application kansas law litigants occurred phillips constitutional right avoid judgment kansas might convinced another state develop law differently believe engage detailed evaluations various laws contrary believe limited jurisdiction review judgments foreclose review accordingly trust today decision momentary aberration opinion read decision constitutionalize novel developments common law whenever litigant claim another state connected litigation likely reach different result long ago decided choices law unreviewable absent demonstration unambiguous conflict established laws connected see supra hold otherwise render possible bring every case wherein defeated party claimed statute another state construed detriment johnson new york life ins ignored admonition today may forced renew efforts convince bar judgments based fair evaluations laws final accordingly join parts ii opinion respectfully dissent part iii judgment full faith credit shall given state public acts records judicial proceedings every state congress may general laws prescribe manner acts records proceedings shall proved effect thereof art iv see also state shall deprive person life liberty property without due process law amdt responsibilities federal power commission transferred federal energy regulatory commission see stat relevant portion notice provided full effective june notice royalties paid computed excluding portion price collected subject refund exceeds cents per mcf presently maximum area price level increased rates recently announced federal power commission statement general policy payment royalty based balance sums collected made time determined sums collected longer subject refund interest owners desiring receive payments computed currently full sums collected may arrange furnishing phillips petroleum company acceptable indemnity cover proportionate part required refunds plus required interest shutts phillips put suspense royalties common trust fund separate operating funds used solely pay either pipeline companies gas royalty owners fpc ultimately decided rate increase question case dovetail nicely common fund cases shutts accord criticizes kansas use common fund concept applied funds ante kansas alone however applying common fund concept class action pool readily identifiable moneys placed within power liability determined lawsuit see perlman first national bank chicago app cited shutts see also sprague ticonic national bank common fund may recovered litigation dawson lawyers involuntary clients attorney fees funds harv rev funds also created litigation moreover course concern kansas chooses develop state doctrines absent constitutional foundation plainly lacking criticism kansas substantive state law entirely gratuitous phillips argued distinction made purposes interest liability royalties owed gas sold pipeline companies paid higher suspense price royalties owned gas used phillips rather sold yet phillips acknowledges obligation pay royalties various contracts exists without regard actual disposition gas emphasis added thus choosing withhold payment phillips allowed use suspense monies suspense period rightfully belonged royalty owners royalty owners turn deprived receiving using monies time applying unjust enrichment theory developed shutts kansas accordingly rejected phillips proffered distinction significantly phillips claim even putative conflict laws might turn distinction phillips pursues argument contend never actually collected higher prices gas used fund actually existed brief petitioner kansas noted however fund issue easily computed amount royalties due royalty owners case moneys collected phillips return sales lightcap mobil oil cert denied shapiro kansas public employees retirement system cited six cases four fifth circuit two northern district texas phillips named party kansas also pointed noted imposition interest refunds ordered fpc inappropriate means preventing unjust enrichment gas callery properties see stat ann creditors shall allowed receive interest rate six percent per annum rate interest agreed upon okla tit legal rate interest shall six per cent absence contract rate interest tex rev civ stat art vernon specified rate interest agreed upon parties interest rate per annum shall allowed emphasis added also held interest accruing entry judgment determined kansas postjudgment interest statute stat ann phillips contend constitution bars kansas applying kansas postjudgment interest statute judgments entered kansas courts statutes demonstrate irrefutable state interest force carried judgments entered state courts see also klaxon stentor electric mfg state interest statutes concern incidental item damages interest respect courts forum commonly free apply law see fit noted rule also followed oklahoma texas phillips raised lost contention waiver similar case texas citing phillips petroleum riverview gas compression supp nd tex moreover relevant oklahoma statute expressly stated payment principal sum must accepted support finding waiver okla tit statute inapplicable inasmuch royalty payments accepted apparently new argument raised phillips shutts ii liable interest subclass affected royalty owners whose direct contractual agreement royalties producers sold gas phillips separate agreement although phillips assumed obligation pay royalties directly royalty owners separate agreements separate agreements also stated suspended price increase ultimately approved commission phillips pay producers additional money without interest phillips argued without interest clause barred interest royalty owners well producers kansas rejected argument however royalty owners parties separate agreements consideration paid royalty owners phillips return purported waiver interest hese provisions entered phillips producers unilaterally deprive royalty owners interest otherwise entitled receive casing head gas contracts provisions appear ibid see final judgments decrees rendered highest state may reviewed writ certiorari title right privilege immunity specially set claimed constitution emphasis added principle settled number cases decided either side turn century see pennsylvania fire ins gold issue mining milling western life indemnity rupp louisville nashville melton allen alleghany johnson new york life ins glenn garth cf guaranty trust new york federal courts apply state law furtherance goal outcome litigation federal substantially tried state kansas also stated kansas statutory requirements fulfilled liability determined according varying inconsistent state laws belies notion kansas plans ante decisions onto assertion jurisdiction multistate actions precisely opposite suggested noted allstate however litigant challenging choice law clearly bears burden establishing constitutional infringement prima facie every state entitled enforce courts statutes one challenges right assumes burden showing upon rational basis conflicting interests involved foreign state superior forum alaska packers assn industrial accident see western life indemnity rupp appear attention called decision courts illinois placing different construction indeed construction upon section question decision existed incumbent upon defendant prove thus litigant failed call state attention relevant law jurisdictions raise law create constitutional issue noted allstate choice forum law might also violate due process clause ways irrationally favoring residents nonresidents representing dramatic departure rule obtains american jurisdictions first possibility applicable royalty owners treated exactly alike kansas analysis second possibility dramatic departure must distinguished application general equitable principles address new situations phillips may criticize kansas allegedly unique notions contract oil gas law brief petitioner constitutional objection state courts like constantly must apply develop general legal principles accommodate novel factual circumstances overarching goal achieving result today decision example newly establishes lawful jurisdiction multistate plaintiffs class action phillips likely anticipated years ago absent demonstration departure clear rule obtaining argument merely state ever hinted kansas result unavailing alse conflict really means conflict laws laws relevant set facts produce decision lawsuit real conflict leflar american conflicts law ed see also scoles hay conflict laws false conflict exists potentially applicable laws differ absence direct conflicts distinguishes case decisions home ins dick john hancock mutual life ins yates interstate legal conflicts clear conceded dispositive shutts ii kansas noted legal issues presented substantially shutts hile issues complex thoroughly reviewed shutts addressed award rate interest damages compensate plaintiffs unjust enrichment derived phillips use plaintiffs money concluded instant case phillips satisfactorily established apply rule enunciated shutts respecting claim two sentences later paragraph made broad statement forum law apply absent compelling reason fair reading statement context kansas shutts ii adopted multistate survey performed shutts properly placed burden phillips see supra show shutts conclusions reexamined even ambiguous give kansas benefit doubt reviewing judgment thus frankly understand summary rejection attempt incorporate shutts ante implication discussion shutts may erroneous merits statement kansas follow contrary texas precedent emphasis added simply wrong see infra provides list putative conflicts ante errors omissions apparent discussion demonstrate dangers relying characterizations state law provided interested party although technically may recorded oklahoma decision dealing interest liability suspended royalties ante emphasis added oklahoma law expressly provides damages caused breach obligation pay money deemed amount due terms obligation interest thereon okla tit emphasis added see also person entitled recover damages certain capable made certain calculation entitled also recover interest thereon oklahoma specifically held oil field royalty owners may sue class recover royalties due may recover interest amount recovery west edmond hunton line unit young authority string citation regarding oklahoma statutory interest rate supports statement oklahoma likely impose rate suit ante constitutional statutory provisions merely provide absence contract rate indeed stat tit cited judicial decisions merely hold interest recoverable certain obligations including royalties due oil field royalty owners without discussing applicable limitations rate examining oklahoma authorities kansas found oklahoma statutory rate well texas kansas inapplicable terms phillips contractually agreed higher federal rate reported oklahoma decision contradicts judgment express terms oklahoma statute permit see also mcanally ideal federal credit union federal law provides interest excess per year rate must govern oklahoma statutory rate kansas similarly reviewed texas interest statute found phillips contractual agreement fpc rate rendered statute inapplicable true texas awarded suspense royalty interest rate higher equally plain cited cases higher rate sought texas courts however specifically permitted recovery higher rates contract even implied oral contract evidences agreement rates preston farm ranch supply enterprises tex moody main bank houston tex app noting phillips reliance oklahoma statute stating accepting payment whole principal waives claim interest stat tit demonstrates statute application open question citing cf webster drilling sterling oil case oklahoma held right interest based upon contract interest become substantive part debt title applicable citation omitted claim interest upheld webster drilling based implied contract exactly kansas found shutts kansas explicitly considered title relied webster drilling find inapplicable therefore impossible suggest kansas ignor ed oklahoma statute ante finally plainly misconstrues texas law suggesting mere offer pay suspended royalties return indemnity agreement excuse interest federal decision cited mentions texas cases relevant pages phillips petroleum riverside gas indemnity agreements actually entered fifth circuit case relied authority cite texas cases unconditional offer give possession disputed fund necessary bar interest created phillips petroleum adams emphasis added texas subsequently agreed adams correctly stated texas law phillips petroleum stahl petroleum see also fuller phillips petroleum supp nd tex entering indemnity agreement terminates interest liability phillips lost reasonably free use money indemnity agreements entered plaintiffs however kansas found phillips indemnity offer unconditional contrary far stringent corporate undertaking phillips filed fpc also uncontested phillips continued use freely unpaid suspense royalties long burdensome conditions accepted royalty owners errs drastically relying one federal district appears held sustain constitutional claim fact kansas rejected state statute favor uniform federal interest rate found phillips contractually agreed demonstrates absence parochialism decision absolutely indication texas oklahoma courts decided differently claim presented neither phillips contends kansas constitutionally apply laws claims kansas residents even though leased land may lie apparent connection kansas may exist phillips done business kansas throughout years relevant litigation seems unarguable application kansas law indeed law royalty owners reside claims least plaintiff class members thus perceived possible phillips time contracting allstate stevens concurring judgment see also possible course number royalty owners might moved kansas years phillips held suspense royalties kansas substantial interest seeing residents treated fairly invoke jurisdiction courts see weinberg conflicts cases problem relevant time hofstra rev phillips must anticipated application kansas law claims eventual geographic distribution royalty owners residences goes likelihood fairness application kansas law allstate stevens concurring judgment additionally easy enough national firms like phillips make clear expectations placing express clauses contracts see allstate stevens concurring judgment clay sun ins office clauses present however see allstate stevens concurring judgment omitted question whether judge decision apply law state ever described wholly irrational judges presumably familiar state law may find difficult time consuming discover apply correctly law another state forum state interest fair efficient administration justice therefore sufficient judgment attach presumption validity forum state decision apply law dispute jurisdiction accord newberg newberg class actions ed kansas shutts ii may committed harmless error applying law appears significant conflict laws among involved decision allstate criticized ground may well true conflict laws present therefore need extended constitutional discussion see weintraub afraid constitutional limitations choice law hofstra rev demonstrated open criticism indeed unless review restricted cases conflicts unambiguous constantly run risk misconstruing common law number example kansas already decided oklahoma apply statutory interest rates evidence contractual agreement different rate agreement present yet today speculates oklahoma likely apply statutory rates lawsuit ante since authority resolve issues oklahoma law kansas however latter remains free abide former judgment