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Personal Jurisdiction Stream of Commerce

Faegre Drinker Biddle & Reath LLP

Foreign Manufacturer Dismissed for Lack of Personal Jurisdiction in the Southern District of Indiana

Case: Patterson v. Chiappa Firearms, USA, LTD, No. 1:20-cv-01430-JPH-MG, 2021 WL 4287431 (S.D. Ind. Sept. 21, 2021). Significance: - First Indiana case to apply the “relate to” standard articulated in Ford Motor Co....more

Butler Snow LLP

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

Butler Snow LLP on

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

Snell & Wilmer

United States Supreme Court Tackles Personal Jurisdiction

Snell & Wilmer on

Under current United States Supreme Court precedent, for a court to exercise personal jurisdiction over a manufacturer like Ford, the plaintiff must demonstrate that the court has either general or specific jurisdiction....more

McGlinchey Stafford

Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]

McGlinchey Stafford on

In the second installment of our “More with McGlinchey” series on personal jurisdiction, Rasch Brown, Gary Hebert, and Brian LeCompte (New Orleans) discuss the potentially groundbreaking Ford cases pending before the U.S....more

McDermott Will & Emery

You Can Have Some Lovin’ - But No Personal Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit dismissed claims against a recording artist and music publishing company for, finding that the court lacked personal jurisdiction over one of the accused artists, a UK resident,...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

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Patents - The World in U.S. Courts: Summer - Fall 2018

Dutch Parent Exercises Insufficient Control over US Subsidiary to be Deemed its "Alter Ego" - Britax Child Safety, Inc. v. Nuna International B.V., US District Court for the Eastern District of Pennsylvania, July 26, 2018....more

Butler Snow LLP

Product Liability Lawsuits in the Wake of Bristol-Myers

Butler Snow LLP on

Personal jurisdiction was not a commonly pursued defense in product liability for a number of years because of the less-than-favorable state of general jurisdiction. ...more

Morris James LLP

Magistrate Recommends Permitting Jurisdictional Discovery And Denying Motion To Dismiss Without Prejudice

Morris James LLP on

Fallon, M. J. Report and recommendation recommending that defendant’s motion to dismiss for lack of personal jurisdiction be dismissed without prejudice and jurisdictional discovery be allowed. The accused products are...more

McDermott Will & Emery

Party’s Products Must Be Found in the Forum State to Confer Jurisdiction - Celgard, LLC v. SK Innovation Co., Ltd.

McDermott Will & Emery on

In the most recent decision addressing the “purposeful-direction” and “stream-of-commerce” theories used to establish personal jurisdiction over a foreign defendant, the U.S. Court of Appeals for the Federal Circuit upheld...more

Morris James LLP

Defendants’ Potential Liability Is Not Limited To 2% Of Accused Products Shipped To Delaware

Morris James LLP on

Plaintiff asserts jurisdiction under the stream-of-commerce theory. Defendants shipped approximately 2% of the accused products from their Indiana manufacturing facility to two customer distribution facilities in Delaware. ...more

Womble Bond Dickinson

Contaminated Oysters in Virginia Restaurant Enough for Jurisdiction Under "Stream of Commerce" Test

Womble Bond Dickinson on

Contaminated oysters served at a Roanoke restaurant were placed in the "stream of commerce" by a Connecticut seafood supplier, and thus served as the basis for the Western District of Virginia to exercise personal...more

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