Limiting Personal Jurisdiction Over Foreign Entities

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Law360, New York (July 12, 2011) -- On June 27, 2011, the U.S. Supreme Court issued two landmark decisions limiting the assertion of personal jurisdiction over foreign manufacturers for products liability claims involving their products.

In J. McIntyre Machinery Ltd. v. Nicastro,1 Justice Anthony Kennedy authored a plurality opinion for four members of the court that, combined with Justice Stephen Breyer's concurring opinion, overturned the Supreme Court of New Jersey's decision that had held a foreign manufacturer of an industrial recycling machine was subject to New Jersey's long-arm jurisdiction, in a New Jersey products liability case under the stream-of-commerce doctrine.

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