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.