January 11, 2011
SCOTUS Oral Argument in Personal Jurisdiction Cases
We covered earlier the Supreme Court’s grant of certiorari in two cases on personal jurisdiction (the first such cases the Court has taken in two decades). The cases were argued today.
Goodyear Dunlop Tires Operations, S.A. v. Brown (No. 10-76) presents the question:
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.
J. McIntyre Machinery, Ltd. v. Nicastro (No. 09-1343) presents the question:
Does a "new reality" of "a contemporary international economy" permit a state to exercise, consonant with due process under the United States Constitution, in personam jurisdiction over a foreign manufacturer pursuant to the stream-of-commerce theory solely because the manufacturer targets the United States market for the sale of its product and the product is purchased by a forum state consumer?
Here are links to the oral argument transcripts:
Here are links to SCOTUSblog’s casefiles, where you can find the briefs in these cases: