It's Personal: No Causal Link, No Claim?

For any company facing a product liability lawsuit, it is critical at the outset to assess whether the forum court actually has the power to render a judgment against the defendant company (i.e., personal jurisdiction). A court with general jurisdiction over a defendant can hear any and all claims against that defendant. Absent unusual circumstances, general jurisdiction only applies in those states where a company is incorporated or has its principal place of business. Assessing whether a court can exercise specific personal jurisdiction over a defendant is a trickier exercise. Exercising specific personal jurisdiction requires that the defendant "purposely availed" itself of the privilege of conducting activities within the forum state and that plaintiff's claims "arise out of or relate to the defendant's contacts." It is this latter requirement of relatedness that the U.S. Supreme Court is attempting to clarify with its recent decision in Ford Motor Company v.