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Arising Out Of or Relating To : The Supreme Court s Reasoning in Ford Motor Company v Montana Eighth Judicial District Court | Burr & Forman
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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 for many product manufacturers. In an 8–0 decision, the Court held that some companies (like Ford) may be subject to specific jurisdiction in
any U.S. forum where a product-related injury occurs, regardless of whether the defendant’s contacts with the forum were a “but for” cause of the injury. Though the Court attempted to limit its analysis to the “arise out of or relate to” prong of the specific jurisdiction test, the decision’s reach extends uncomfortably beyond that provision. Of particular concern is its impact on another key element of the specific jurisdiction analysis: purposeful availment.
The Supreme Court’s recent decision in
Ford Motor Company v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), is the latest entry in the Court’s rulings on personal jurisdiction, and may force lower courts to reevaluate jurisdictional tests that have required a plaintiff to show that a defendant’s actions in the forum state had a causative link to the plaintiff’s claims.
Applying its precedent from cases like
World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980), and
Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., 137 S. Ct. 1773 (2017), the Court held that Ford was subject to specific personal jurisdiction in Montana and Minnesota in two lawsuits brought by forum-resident plaintiffs injured in their respective forum states in car accidents, which plaintiffs alleged occurred from defects with Ford’s Crown Victoria and Explorer models. Ford argued that specific jurisdiction was improper because it had designed, manufact
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