Navigating the Stream of Commerce in the Wake of Nicastro

J. McIntyre Machinery, Ltd. v. Nicastro

Robert Nicastro was injured while using a machine manufactured by J. McIntyre Machinery, Ltd. (McIntyre), a British manufacturer. Nicastro, a New Jersey resident, sued McIntyre in New Jersey. McIntyre sold its machines only to an independent U.S. distributor; it did not market its goods in New Jersey. McIntyre officials had attended industry-related annual conventions in the U.S., but never in New Jersey, and at least one ' but no more than four ' McIntyre machines had ended up in that state. Nonetheless, the New Jersey Supreme Court held that the exercise of personal jurisdiction over McIntyre was proper because McIntyre knew, or reasonably should have known, that its products were distributed nationwide and might be sold in any of the 50 states. The Supreme Court granted review and thus took the opportunity, for the first time in 25 years, to clarify the splintered decision in Asahi. By the time Asahi reached the Supreme Court, it was an indemnity action between Asahi and a Taiwanese manufacturer. It resulted in three separate opinions: by Justice O'Connor, Justice Brennan, and Justice Stevens. While the Justices were unanimous that jurisdiction over Asahi was not proper in California, they disagreed as to exactly what minimum contacts were required to establish specific personal jurisdiction.