Made Abroad, Sued In The US: Managing Liability Risk

Law360, New York (March 21, 2012, 1:09 PM EDT) -- A foreign manufacturer sued in the U.S. District Court for the Middle District of Pennsylvania recently prevailed in its motion to dismiss for lack of personal jurisdiction even though it did not dispute that its consumer product was used by the injured Pennsylvania plaintiffs.

In an opinion that gives essentially no credit to a 2011 U.S. Supreme Court decision on personal jurisdiction — noting “the failure of a Supreme Court majority to adopt clearly one of the two [stream-of-commerce theory] standards” — the District Court in Sieg v. Sears Roebuck & Co., No. 3:10-606 (Feb. 24, 2012), concluded that a foreign...

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