News & Analysis as of

Manufacturers Personal Jurisdiction

Nutter McClennen & Fish LLP

Product Liability 2023 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2023. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Goldberg Segalla

Door Manufacturer’s Motion to Dismiss Denied

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Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did...more

Goldberg Segalla

Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Court: Superior Court of California, County of Los Angeles - In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra...more

McGuireWoods LLP

Illinois Takes Expansive View of Personal Jurisdiction Over Component Parts Manufacturer

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Building on federal precedent regarding specific jurisdiction over vehicle manufacturers, the Appellate Court of Illinois recently extended personal jurisdiction to a component parts manufacturer in a decision with...more

Foley Hoag LLP

Product Liability Update - April 2023

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MASSACHUSETTS - First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more

Morgan Lewis

Trends in Automotive Class Actions

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As the types of automotive class actions continue to evolve, so too do class action trends and developments. Morgan Lewis lawyers detail below some of the hot topics in automobile class action litigation, such as personal...more

Bradley Arant Boult Cummings LLP

Miss. Ruling Deepens Jurisdiction Split in Vape Battery Cases

On Oct. 13, Mississippi's highest court ruled that a South Korean company, LG Chem Ltd., which manufactured a battery that powered a vaping device, could be sued in Mississippi, despite that company having no physical...more

Goldberg Segalla

PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

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Supreme Court of New York, Appellate Division, First Department, November 2, 2022 - In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent...more

Haight Brown & Bonesteel LLP

Can California Have Personal Jurisdiction Over A Product Manufacturer For An Accident in Oklahoma?

A California Appeals Court answered that question in the affirmative, denying a writ of mandate filed by a manufacturer on the basis that the trial court improperly denied its Motion to Quash for lack of personal...more

Goldberg Segalla

First Department Reverses Denial of Valve Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department, June 7, 2022 - In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which...more

Goldberg Segalla

Court Grants Chemical Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds

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United States District Court for the Southern District of Florida - In this asbestos action, plaintiff John R. Andres passed away in April 2020, allegedly as a result of his diagnosis with mesothelioma. His son...more

Mintz

Merely Manufacturing PFAS Isn't Enough (Yet) to Make You Responsible for Cleaning Them Up

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This morning we have a seventy five page decision by a Federal District Court Judge in New York dismissing a lawsuit by a water supplier against the nation's most well-known manufacturer of PFAS to recover the costs of...more

White and Williams LLP

Where Can Your Company Be Sued? A 2022 Update on All Things Personal Jurisdiction

In 2021, thanks to the seventh “personal jurisdiction” opinion decided by the U.S. Supreme Court in just over a decade, as well as some state-based legal developments, we now have firm guidelines about where all types of...more

Foley Hoag LLP

Product Liability Update - April 2021

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UNITED STATES SUPREME COURT - • United States Supreme Court Holds Due Process Permits Exercise Of Specific Personal Jurisdiction Over Out-Of-State Vehicle Manufacturer For Product Liability Claims For Harm To Forum...more

Butler Snow LLP

Navigating the Stream of Commerce: “Purposeful Availment” in the Wake of Ford

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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

Fox Rothschild LLP

The Supreme Court Expands The Jurisdictional Reach Of The Courts: Implications For Aviation?

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The United States Supreme Court handed down a decision yesterday that expands the reach of state courts over companies involved in interstate commerce. While the decision, Ford Motor Co. v. Montana Eighth Judicial District...more

Nutter McClennen & Fish LLP

Product Liability 2020 Year in Review

Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more

McGlinchey Stafford

Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]

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How is it that in 2020, we are still discussing personal jurisdiction? Wasn’t this decided in the last century? What has changed? These questions have become increasingly relevant following sea change decisions in Goodyear,...more

Cozen O'Connor

Supreme Court to Hear Specific Personal Jurisdiction Product Cases That Caused Harm in Forum States

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Recently, the U.S. Supreme Court agreed to hear a manufacturer’s challenge to two state supreme court decisions (Minnesota and Montana) that allowed plaintiffs to bring product defect suits in states where the manufacturer...more

Faegre Drinker Biddle & Reath LLP

Post-BMS, Courts Grapple with the Nexus Between Stream of Commerce Activities and the Plaintiff’s Claim Required for Specific...

Courts have struggled for decades to define the constitutional limitations on personal jurisdiction over major product manufacturers who sell their products nationwide. The central tension has been determining the validity...more

Foley Hoag LLP

Product Liability Update: January 2019

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MASSACHUSETTS - Massachusetts Supreme Judicial Court Applies “Transient Jurisdiction” Doctrine To Hold Nonresident Individuals’ Intentional, Knowing And Voluntary Presence In Massachusetts At Time Of Service Sufficient To...more

Cozen O'Connor

Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act: Part II, How Sellers May Find Themselves a MAN DOWN

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On September 11, 2018, Cozen O’Connor’s Product Liability Prevention and Defense (“PLPD”) blog provided a quick reference guide that manufacturers can consult to MAN UP on defenses when hit with a claim under Chapter 82 in...more

Foley & Lardner LLP

Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

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The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to...more

Pillsbury - Policyholder Pulse blog

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

Cozen O'Connor

State Court Relies Upon Supreme Court’s Bristol-Meyers Squibb Decision to Vacate Jury Verdict Against J&J

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The Supreme Court limited a striking vulnerability for product manufacturers in Bristol-Myers Squibb Co. v. Superior Court of California this summer when it ruled that out-of-state plaintiffs could not simply claim injuries...more

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