Product Liability -- 2021



Ford Motor Co. v. Montana Eighth District Court   (U.S. Supreme Court)

Scope of personal jurisdiction over out-of-state defendants

The NAM filed an amicus brief to support Ford Motor Co.’s petition for certiorari to the U.S. Supreme Court to clarify the circumstances under which an out-of-state defendant can be sued in state court. A plaintiff sued Ford in Montana state court for injuries he sustained while driving in Montana. The plaintiff alleged design defect claims and failure to warn claims. Ford defended against jurisdiction in Montana state court because all of the alleged wrongful conduct occurred in Michigan, where the car was designed. A Montana trial court and the Montana Supreme Court affirmed personal jurisdiction over Ford, concluding that the lawsuit related to Ford’s in-state activity in Minnesota. This case is important for manufacturers because a broad interpretation of personal jurisdiction—like that by the Montana courts here—would subject manufacturers to litigation in jurisdictions throughout the country. The NAM’s amicus brief explained why such a broad conception of personal jurisdiction is inconsistent with U.S. Supreme Court precedent and why it should be reversed. On January 17, 2020, the Court granted review, combining this case with Ford v. Bandemer. On March 6, 2020, the NAM filed an amicus brief on the merits. Unfortunately, on March 25, 2021, the Court ruled in a 8-0 opinion that "when a company like Ford serves a market for a product in a State and that product causes injury in the State to one of its residents, the State’s courts may entertain the resulting suit."


Related Documents:
Opinion  (March 25, 2021)
NAM brief on Merits  (March 6, 2020)
NAM brief  (October 19, 2019)