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- Title
GETTING "ARISING OUT OF" RIGHT: FORD MOTOR COMPANY AND THE PURPOSE OF THE "ARISING OUT OF" PRONG IN THE MINIMUM CONTACTS ANALYSIS.
- Authors
JACOBSON, JEREMY
- Abstract
In Ford Motor Co. v. Montana Eighth Judicial District Court, the Supreme Court heard a challenge to specific personal jurisdiction brought under the "arising out of or relating to" prong (also referred to as the "arising out of" prong) of the minimum contacts test for only the second time. In attempting to evade jurisdiction for injuries caused by defective cars in Montana and Minnesota, Ford argued that because the specific cars at issue were not originally sold in those fora, its purposeful contacts with the state did not proximately cause the injury at issue, and therefore the injuries did not "arise out of" those contacts. Ford's argument is based on a misreading of Bristol-Myers Squibb Co. v. Superior Court, the only case in which the Court analyzed that prong of the minimum contacts test. This Note seeks to explore the development and purposes underlying the "arising out of" prong, concluding that its purpose is to ensure a sufficient connection between the forum and the underlying claim such that the state has a legitimate regulatory interest and that litigation in the forum is convenient. After describing the development and purpose of the "arising out of" prong and contrasting it with the purpose underlying the "purposeful availment" prong, this Note addresses the ways in which challenges to jurisdiction are brought when it is unclear if the claim arises in a particular forum. This Note then takes on the Ford case and discusses how the Supreme Court's decision fits into the framework describing what work the "arising out of" prong is doing in the jurisdictional analysis.
- Subjects
MONTANA; MINNESOTA; FORD Motor Co.; BRISTOL-Myers Squibb Co.; UNITED States. Supreme Court; DEFENDANTS
- Publication
New York University Law Review, 2022, Vol 97, Issue 1, p315
- ISSN
0028-7881
- Publication type
Article