Disputes over personal jurisdiction have become more and more commonplace in product liability cases in recent years. Although the U.S. Supreme Court has issued several seminal decisions addressing personal jurisdiction over the past decade, there is a specific jurisdiction issue in relation to which it has not rendered a decision but is expected to do so shortly. This issue is the interpretation of the oft-repeated language in the case law that plaintiff’s injury must “arise out of or relate to” defendant’s in state conduct for it to meet federal due process requirements. SCOTUS heard oral argument in two consolidated cases, Ford v. Bandemer and Ford v. Montana Eight Judicial District on October 7, 2020. Ford’s argument in both cases was that because the plaintiffs had each purchased their Ford vehicles second hand in another state, Ford’s in-state activities in Montana and Minnesota were irrelevant because the respective plaintiff’s injuries did not arise from those in-state activities. SCOTUS is likely to issue its decision soon on this matter.
