CM Sought U.S. Supreme Court Determination in Product Liability Actions
February 12, 2007
Clausen Miller Appellate Practice Group partner Melissa Murphy-Petros sought U.S. Supreme Court review and determination of which personal jurisdiction standard applies in product liability actions where a product defendant’s minimum contacts with the forum state are sought to be established through the placement of the product into the stream of commerce. In Tokai Corporation v. Saia, et al., CM asked the high court to resolve a recurring national conflict in federal and state courts as to which test should be applied: the “stream of commerce” test under which a product defendant is subject to jurisdiction in any state in which its product is found regardless of defendant’s role in getting it there, or the “stream of commerce plus” test under which a product defendant must take some affirmative action regarding the placement of the product in the forum state before jurisdiction can be found. Melissa advanced the defense position that the “stream of commerce plus” test should be adopted as the most fair and equitable method of determining where a product defendant may be sued. A copy of CM’s petition is on our website, and we can also send you a hard copy upon request. Please call 1-800-826-3505 or email mmurphy-petros@clausen.com to request a hard copy.
Tokai Corporation v. Saia Petition