Jurisdiction -- 2020



Hammons v. Ethicon   (Pennsylvania Supreme Court)

Jurisdiction over out-of-state defendants

The NAM filed an amicus brief on behalf of medical device manufacturers to argue that manufacturers should be immune from being sued in states where they do not do business. Even though plaintiff’s injuries did not occur in Pennsylvania and her claims did not relate to any of defendant’s contacts in the state, a Pennsylvania trial court allowed her case over an out-of-state defendant. This case is significant for manufacturers that operate only in one state or region in the United States, and who should not be subject to being sued across the country. The NAM’s brief in the Pennsylvania Supreme Court argued that recent U.S. Supreme Court rulings do not permit state courts to exercise jurisdiction over companies based on activities in a state that are unrelated to a claim. Unfortunately, on October 21, 2020, the court disagreed, holding that the imposition of personal jurisdiction in the case satisfied constitutional requirements.


Related Documents:
NAM brief  (June 21, 2019)