Tuesday, September 28, 2010
Great news for all of us who are smack in the middle of teaching personal jurisdiction: The Supreme Court has granted cert in the cases of Goodyear v. Brown and J. McIntyre Machinery Ltd. v. Nicastro. SCOTUSblog has further links to the grant and opinions below.
Goodyear Issue: Whether a foreign corporation is subject to general personal jurisdiction, on causes of action not arising out of or related to any contacts between it and the forum state, merely because other entities distribute in the forum state products placed in the stream of commerce by the defendant.
McIntyre Machinery Issue: Does a "new reality" of "a contemporary international economy" permit a state to exercise, consistent with due process, personal jurisdiction over a foreign manufacturer under the stream of commerce theory solely because the manufacturer targets the U.S. market for the sale of its product and the product is purchased by a forum state consumer?
RJE (h/t Edward Hartnett)