Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a...more
The Supreme Court’s recent opinion regarding its specific personal jurisdiction framework could have far-ranging implications for parties objecting to a lawsuit on jurisdictional grounds....more
For any company facing a product liability lawsuit, it is critical at the outset to assess whether the forum court actually has the power to render a judgment against the defendant company (i.e., personal jurisdiction). A...more
On March 25, 2021, the United States Supreme Court unanimously held that the doctrine of specific personal jurisdiction does not turn solely on whether the defendants' activities in the forum state “gave rise to” the...more
We recently covered the United States Supreme Court’s troubling decision in Ford Motor Company v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), which has broadened the reach of specific personal jurisdiction...more
The Supreme Court’s recent decision in Ford Motor Company v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), is the latest entry in the Court’s rulings on personal jurisdiction, and may force lower courts to...more
The Supreme Court’s latest foray into personal jurisdiction – Ford Motor Co. v. Montana Eighth Judicial District Court – seems to raise more questions than answers regarding the contours of specific jurisdiction. A curious...more
Defendants and lower courts hoping for clarity about personal jurisdiction were disappointed by the U.S. Supreme Court last month. Our Products Liability and Litigation Groups examine a new decision whose ambiguity could...more
Over the last few years, the Supreme Court has had a reputation as very pro-business. Late last month, however, the Court handed consumers a rare win related to personal jurisdiction. ...more
The Supreme Court's recent decision in Ford is sure to be framed by some as expanding—perhaps quite significantly—the availability of specific personal jurisdiction under the Due Process Clause. But the decision should not be...more
Nation’s highest court rejects narrow causation test for specific jurisdiction and affirms requirement that forum contacts “relate to” the claim. In the 2017 case Bristol-Myers Squibb Co. v. Superior Court, the United...more
The U.S. Supreme Court’s recent decision in Ford Motor Co. v. Montana Eighth Jud. Dist. Ct. held that a state has specific personal jurisdiction over out-of-state mega corporations that advertise, sell, and service their...more
What does the U.S. Supreme Court’s March 25, 2021 decision regarding personal jurisdiction in the Ford cases mean for litigants and litigation across the country? In Part 4 of their series on the changing landscape of general...more
In a much-anticipated decision issued on March 25, 2021, the United States Supreme Court tackled when companies can be sued outside their “home” state. Ford Motor Co. v. Montana Eight Judicial District Court, 592 U.S. ___...more
All legal practitioners should be familiar with the concept of personal jurisdiction and its two subsets: general jurisdiction and specific jurisdiction; both of which are juxtaposed with the inalienable Due Process Clause...more
In This Issue. President Biden signed a bill extending the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) through May 31, 2021; the Consumer Financial Protection Bureau (CFPB) announced the rescission...more
A driver bought a used Ford Crown Victoria in Minnesota. Later, while driving on a rural road with a friend in the passenger seat, he collided with a snow plow. The car landed in a ditch, and its passenger-side air bag did...more
The U.S. Supreme Court on March 25, 2021, ruled in an 8-0 decision that the connection between the plaintiffs' claims and Ford Motor Co.'s activities in the forum states supported the exercise of specific jurisdiction over...more
A unanimous U.S. Supreme Court held in Ford Motor Co. v. Montana Eighth Judicial District Court that the connection between Ford’s activities in a forum state and products liability claims was close enough to support specific...more
For the seventh time in eleven years, the U.S. Supreme Court has curtailed the Constitutional concept of in personam jurisdiction. Superficially, Ford Motor Company v. Montana Eighth Judicial District Court appears to be a...more
On March 25, the U.S. Supreme Court decided Ford Motor Co. v. Montana Eighth Judicial District Court, revisiting the issue of due process limitations on the exercise of personal jurisdiction, most recently addressed by the...more
In 2017, the Supreme Court issued an 8-1 opinion in Bristol-Myers Squibb holding that 592 plaintiffs who took the medication Plavix outside of California could not bring suit in California because personal jurisdiction was...more
Yesterday, the Supreme Court issued an important decision in Ford Motor Company v. Montana Eighth Judicial District Court unanimously affirming the existence of personal jurisdiction over products liability claims by an...more
The Supreme Court of the United States recently affirmed two state court judgments that had permitted plaintiffs to assert jurisdiction over Ford Motor Company for injuries stemming from allegedly-defective cars. In an 8-0...more
In a much-anticipated U.S. Supreme Court ruling issued on March 25, the Court unanimously rejected Ford Motor Company’s argument that it could not be subject to personal jurisdiction in products liability actions filed in the...more