Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Practice Tip: Personal Jurisdiction from Abroad
Manufacturers based outside the United States often sell goods through a U.S.-based distributor, rather than selling products directly to consumers. Thus, the manufacturer's only connection in the United States may be with a single American distributor, located in a single state, which sells the manufacturer's goods throughout the country.'When a consumer is injured and seeks to recover damages from the manufacturer, can the consumer's home state exercise jurisdiction over the manufacturer?'
The answer is unsettled, and U.S. courts have adopted divergent analyses on this basic question. Some U.S. courts have exercised jurisdiction over a foreign manufacturer based on its introduction of the product into the “stream of commerce,” but others have refused to do so unless the manufacturer is engaged in activity specifically targeted at the forum state. (See James Rotondo, “Daimler AG v. Bauman,” http://bit.ly/1jbHyQz.) Far from helping to clarify the standards to be applied, the U.S. Supreme Court's decisions have added to this uncertainty, prompting one court to comment recently that this “particular theory of personal jurisdiction has been the subject of much debate, and little consensus, throughout the United States, including in the Supreme Court.” Trustees of Boston University v. Everlight Electronics Co., Ltd., 2013 WL 2367809 (D. Mass. May 28, 2013).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.