Antitrust -- 2004



Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, LLP   (U.S. Supreme Court)

Antitrust essential facilities doctrine

The NAM filed an amicus brief supporting manufacturers’ right not to be subject to general jurisdiction for lawsuits in any state. A Louisiana court held that Hunt Refining Co. could be sued in Louisiana by an out-of-state plaintiff for alleged exposure to benzene in Mississippi on the theory that the company could be sued for any claims arising elsewhere in the country because the company registered to do business in Louisiana. Manufacturers should not be subjected to burdensome lawsuits in states where they do not have continuous and systematic contact. The NAM’s brief argued that 1) the theory that a company is subject to general jurisdiction was rejected by the U.S. Supreme Court; 2) companies do not relinquish fundamental due process rights by registering to do business in a state; and 3) allowing general jurisdiction in this case could turn Louisiana into a magnet for forum shopping in mass tort or other cases. In a win for manufacturers, this case was dismissed.