April 28, 2021

On March 25 the U.S. Supreme Court held in Ford Motor Co. v. Montana Eighth Judicial Court, 141 S. Ct. 1017 (2021), that a “but-for” causal link between the defendant’s forum activities and the plaintiff’s injuries is not required for a court to exercise specific jurisdiction over the defendant.  The majority opinion examines the language of the Court’s test for specific jurisdiction and explains:

[O]ur most common formulation of the rule demands that the suit “arise out of or relate to the defendant’s contacts with the forum.” Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty., 137 S. Ct. 1773, 1780 (2017) (quoting Daimler, 571 U.S. at 127, 134 S. Ct. 746; emphasis added; alterations omitted)….The first half of that standard asks about causation; but the back half, after the “or,” contemplates that some relationships will support jurisdiction without a causal showing. 
 
141 S. Ct. at 1026-27.  This decision issued in the context of product liability/personal injury claims, but has broader application.