There is a split between the Fifth and Ninth Circuits about whether a foreign manufacturer of a lithium battery falls within the specific personal jurisdiction of a state when its product is sold without authorization by a third party. Compare Ethridge v. Samsung SDI Co., 137 F.4th 309 (5th Cir. 2025) (yes), with Yamashita v.Continue reading “In Yet Another Case Involving an Exploding Lithium Battery, Seventh Circuit Joins Ninth Circuit and Splits with Fifth Circuit in Finding No Specific Personal Jurisdiction Over Manufacturer”
Tag Archives: Specific Jurisdiction
Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There
In Carbone v. Kaal, No. 24-3795 (6th Cir. June 20, 2025), the Sixth Circuit affirms the dismissal of a tort action under Fed. R. Civ. P. 12(b)(2), holding that though the defendants allegedly transmitted defamatory statements through a server in Ohio, this fact alone did not support laying specific personal jurisdiction in that forum. “Robert Carbone,Continue reading “Sixth Circuit Holds That Placement of a Website Server in a State Does Not Automatically Expose Those Who Use It to Personal Jurisdiction There”
Divided Fifth Circuit Panel Splits with Ninth Circuit and Adopts a “Same Product Plus In-State Injury” Test of Relatedness for Personal Jurisdiction in a Product Liability Case
In Yamashita v. LG Chem, Ltd., 62 F.4th 496 (9th Cir. 2023), the Ninth Circuit held that a products liability case involving an exploding lithium battery did not “arise out of or relate to” the South Korean manufacturer’s contacts with the forum state for purposes of personal jurisdiction. (See March 6, 2023 post, Ninth CircuitContinue reading “Divided Fifth Circuit Panel Splits with Ninth Circuit and Adopts a “Same Product Plus In-State Injury” Test of Relatedness for Personal Jurisdiction in a Product Liability Case”
En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus”
In Briskin v. Shopify, No. 22-15815 (9th Cir. Apr. 21, 2025) (en banc), the Ninth Circuit considers a customer privacy claim by a California resident against a Canadian online retailer and its American subsidiaries. The court (10-1) reverses the lower court’s dismissal on personal jurisdiction grounds, overruling AMA Multimedia, LLC v. Wanat, 970 F.3d 1201Continue reading “En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus””
Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit
In Rosenthal v. Bloomingdales.com, LLC, No. 23-1683 (1st Cir. May 9, 2024), a First Circuit panel holds that the inclusion of a session replay provider (SRP) on a commercial website hosted out of state, which allegedly permitted surveillance of customers, did not create grounds for specific personal jurisdiction against the store in the state whereContinue reading “Session Replay Code Embedded in Retail Website Did Not Constitute “Purposeful Availment” of State Where Customer Was Located, Holds First Circuit”
County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit
In a terse five-page opinion, an Eighth Circuit panel in Wade v. Pottawattamie Cnty. No. 23-1059 (8th Cir. May 7, 2024), reverses a decision that dismissed, on personal jurisdiction grounds, a lawsuit against an Iowa county in a personal injury case involving a deputy crossing state lines. “The unfortunate chain of events began when aContinue reading “County Cop’s Hot Pursuit of Suspect Across State Line Was “Purposeful Availment” for Personal Jurisdiction Purposes, Holds Eighth Circuit”
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