Maximizing Defense Advantages In Jurisdictional Discovery

Law360 (May 21, 2020, 6:01 PM EDT) -- Personal jurisdiction is a rejuvenated defense. Ever since the U.S. Supreme Court renewed taking up personal jurisdiction issues in the late 2000s and early 2010s — especially in J. McIntyre Machinery Ltd. v. Nicastro[1] — defendants have pressed personal jurisdiction defenses even more, particularly in cases involving consumer products, medical devices and similar items that flow through the stream of commerce.

The Supreme Court is taking notice. Most recently, the court granted certiorari in two cases to resolve important personal jurisdiction questions in Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co. v. Bandemer.[2]

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