Friday, January 17, 2020

Two (More) SCOTUS Cert Grants on Personal Jurisdiction

Today the Supreme Court granted certiorari in two cases on personal jurisdiction: Ford Motor Co. v. Montana Eighth Judicial District Court (19-368), and Ford Motor Co. v. Bandemer (19-369). Both present the following question:

The Due Process Clause permits a state court to exercise specific personal jurisdiction over a nonresident defendant only when the plaintiff’s claims “arise out of or relate to” the defendant’s forum activities. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985) (internal quotation marks omitted).

The question presented is:

Whether the “arise out of or relate to” requirement is met when none of the defendant’s forum contacts caused the plaintiff’s claims, such that the plaintiff’s claims would be the same even if the defendant had no forum contacts.

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog (19-368 / 19-369) and at the Supreme Court website (19-368 / 19-369).

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