Editorial: Personal jurisdiction theories still evolving

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Federal Bar UpdateAs most litigators know, in Asahi Metal v. Superior Court of Cal., 480 U.S. 102 (1987), a plurality of the Supreme Court embraced the stream-of-commerce theory of personal jurisdiction, which generally holds that if a manufacturer or distributor has sufficient knowledge and control of its distribution system, it can be sued in a state in which its products cause injury. Since Asahi Metal, the theory has evolved somewhat in federal and state appellate courts but had not been revisited by the Supreme Court.

At the end of its recent term, the Supreme Court decided J. McIntyre Machiner v. Nicastro, No. 09-1343 (June 27, 2011), and by a 6-3 vote the court held that personal jurisdiction did not exist in this particular products-liability case. Unfortunately the court did not have a majority opinion on the applicable rule of law to be applied in these situations, with four justices proclaiming one rule, two another, and three yet another. What is certain is that for anyone with a personal jurisdiction battle, there is something for everyone in J. McIntyre, and the stream-of-commerce theory remains unsettled at best.

In the meantime, a brief summary follows. Plaintiff was injured in New Jersey using a metal-shearing machine manufactured by defendant in England, where the company is incorporated and based. Plaintiff sued in New Jersey, and the New Jersey Supreme Court held that personal jurisdiction existed under the Asahi stream-of-commerce concept.

The U.S. Supreme Court disagreed, reversing. Justice Anthony Kennedy, joined by the chief justice and Justices Antonin Scalia and Clarence Thomas, concluded that because defendant never engaged in any activities in New Jersey that revealed an intent to invoke or benefit from New Jersey’s laws, New Jersey was without power to adjudge the company’s rights and liabilities. This foursome reasoned that Asahi and stream-of-commerce metaphors do not change fundamental 14th Amendment due process standards for personal jurisdiction. The principal inquiry, they proclaimed, is whether defendant’s activities manifest an intention to submit to the power of a sovereign.

Justices Stephen Breyer and Samuel Alito agreed in a concurrence that personal jurisdiction did not exist, but found it unwise to announce a rule of broad applicability given that the case did not present issues arising from recent advances in commerce and communications. In dissent, Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan would affirm the New Jersey Supreme Court’s ruling that personal jurisdiction existed.

7th Circuit rule change

Effective May 1, 7th Circuit Rule 25 was added requiring all documents to be electronically filed. 7th Circuit Rule 27 was added to address emergency filings. Finally, Circuit Rule 31(e) was rescinded. All 7th Circuit rules are available at

Mark your calendars

The annual Federal Civil Practice Seminar will be held Friday, Dec. 16, in Indianapolis.

Special call-out to help a family of the Bar

Jay Ruckelshaus, son of John Ruckelshaus of Baker & Daniels and grandson of long-time attorney Jack Ruckelshaus of Ruckelshaus Kautzman Blackwell Bemis & Hasbrook, was seriously injured recently in a diving accident. He has a severe spinal cord injury and is being treated at Methodist Hospital in Indianapolis. Jay is a remarkable young man who recently graduated as valedictorian of Cathedral High and was on his way to Duke as an Honors admittee.

Jay will face a long road ahead with many challenges, and likely uncovered expenses for some adaptive equipment and rehabilitation. At the request of Jay’s fellow graduates, the Joseph Maley Foundation is honored to dedicate its upcoming annual golf outing, Aug. 10 in Indianapolis, to celebrate Jay’s many accomplishments and provide support for Jay. For information, please see•


John Maley – – is a partner with Barnes & Thornburg, practicing federal and state litigation, employment matters, and appeals. The opinions expressed are those of the author.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.