Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
On May 31, 2023, the Coalition for Fair Trade in Shopping Bags filed antidumping duty (AD) petitions on certain paper shopping bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam. The...more
As investment in the metaverse grows, so does the number of business opportunities. Gauging this opportunity can be a challenge because the metaverse essentially represents a new market, and according to some, a new economy....more
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
Can an e-commerce marketplace be liable in a chain of distribution for injury caused by a defective product sold by a third party? This week, the California Court of Appeal, Second District, in Loomis v. Amazon.com LLC, 2021...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
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
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
Bryan Wilson and Yuqing Cui authored an article for Law360 covering the use of the stream-of-commerce theory in patent cases. Without a consensus on the standard for using this theory in the U.S. Supreme Court, the authors...more
On December 2, 2019, the U.S. Trade Representative (USTR) announced that in response to a digital services tax law passed in France, it would be retaliating with stringent tariffs on luxury products coming from France. The...more
Congressional appropriations serve as a potent tool to guide administrative actions in commerce and trade Before departing in the final days of 2019, Congress passed a bipartisan spending package amounting to US$1.4...more
Facebook wages a war on misinformation. On Monday, Facebook announced it will start removing videos altered by artificial intelligence that are likely to mislead people into thinking that a subject of the video made...more
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
On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more
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
On 10 July 2019, the Office of the U.S. Trade Representative (USTR) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 into France’s Digital Services Tax (DST) to determine whether the tax is...more
Over the past few months I have had the pleasure to participate in several significant manufacturing events, including events at The White House, the Department of Commerce, and most recently, at the first International Space...more
Online platforms currently represent a fundamental element of digital commerce and the increasing use of intermediation services – such as online e-commerce market places...more
A district court in the Western District of Washington denied Adaptics Ltd.’s (“Adaptics”) motion for summary judgment of patent exhaustion, which was based on a theory that an authorized sale by a downstream reseller can...more
Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted....more
Le Conseil constitutionnel a rendu, vendredi 30 novembre 2018, la décision n°2018-749 QPC sur une question préjudicielle de constitutionnalité portant sur la conformité à la Constitution de l’article L.442-6, I, 2° du Code de...more
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
Overview - 2017 Summary of New Maine Laws & Carry Over Legislation - The new laws highlighted in this summary are those most relevant to our clients and does not include all laws enacted this past session. This summary of...more
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
The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more
100 business leaders. 27 roundtables. 18 economies of the EU27. One central conclusion: Politicians are not listening to the concerns and priorities of European business. That was the consensus at the launch of an important...more