J. McINTYRE MACHINERY, LTD. V. NICASTRO
131 S.Ct. 2780 (2011)
NATURE OF THE CASE: This was a products liability action taken by Nicastro (P) over McIntyre (D) who objected to jurisdiction under the stream of commerce doctrine and who appealed verdicts in favor of P.
FACTS: P seriously injured his hand while using a metal-shearing machine manufactured by D. The accident occurred in New Jersey, but the machine was manufactured in England, where D is incorporated and operates. An independent company agreed to sell D's machines in the United States. D itself did not sell its machines to buyers in this country beyond the U.S. distributor, and there is no allegation that the distributor was under D's control. D officials attended annual conventions for the scrap recycling industry to advertise D's machines alongside the distributor. The conventions took place in various States, but never in New Jersey. No more than four machines ended up in New Jersey. D held both United States and European patents on its recycling technology. The U.S. distributor 'structured [its] advertising and sales efforts in accordance with' D's 'direction and guidance whenever possible,' and that 'at least some of the machines were sold on consignment to' the distributor. P got the verdicts and D appealed based on lack of jurisdiction. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment