The Purposeful Availment Test After Ford

By Kathleen Carrington and Derek Rajavuori (May 4, 2021, 5:12 PM EDT) -- The U.S. Supreme Court's most recent personal jurisdiction decision has many product manufacturers worried. In Ford Motor Co. v. Montana Eighth Judicial District Court, the court issued an 8-0 decision holding 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...

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