The United States Supreme Court’s March 25 opinion in Ford Motor Co. v. Montana Eighth Judicial District Court, et al., 592 U.S. ____ (2021), has been highly anticipated by consumers and corporate defendants alike. Ford’s argument in the companion Minnesota and Montana cases was intriguing: even where a foreign defendant admits it has “purposefully availed” itself of the privilege of conducting activities within a state, can the forum court maintain specific jurisdiction if such conduct was not a “causal link” to the litigation? With Justice Kagan writing for five justices, the Court answered in the affirmative: “When a company like Ford serves a market for a product in a State and that product causes injury in the State to one of its residents, the State’s courts may entertain the resulting suit.”[1]

Continue Reading Expanding specific jurisdiction factors, Supreme Court cautions against “anything goes” interpretation