Justices' Ford Comments Hint At Specific Jurisdiction Rule

By Christine Shang (November 6, 2020, 5:55 PM EST) -- Over the past decade, while the U.S. Supreme Court defined the limits of general jurisdiction over nonresident defendants, a clear test for specific jurisdiction has remained elusive. When does a claim "arise out of or relate to" a defendant's purposeful contacts with a forum?

This issue has divided lower courts and left litigants grappling for answers in the 21st century commercial world, particularly in product liability cases. Oral argument held by the court in Ford Motor Co. v. Montana Eighth Judicial District Court, consolidating two pending cases involving Ford products, exemplify two divergent approaches the court could take, and their real-world...

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