J. McIntyre Machinery, LTD v. Nicastro
Issues
Where a foreign manufacturer has an exclusive distribution agreement with an independent company in the United States, does national distribution provide sufficient contacts to subject that manufacturer to personal jurisdiction in a products liability suit in a state the defendant does not explicitly target as a market for its products?
Robert Nicastro injured his hand in a shearing machine manufactured by J. McIntyre Machinery Ltd. (“McIntyre”), a British company with no physical American presence. See Nicastro v. McIntyre Machinery America, 399 N.J. Super. Ct. App. Div. 539, 545. McIntyre Machinery America (“MMA”), McIntyre’s exclusive U.S.
Edited by
Additional Resources
· Forbes.com, James Beck: On the Docket—Inside the Courtroom (Oct. 22, 2010)
· Industry Week, Keith Wilson: “Equalizing” the Playing Field with Foreign Manufacturers (Feb. 10, 2010)
· Robb & Robb: Suing Foreign Product Manufacturers
·The Supreme Court will hear this case in tandem with Goodyear Dunlop Tires Operations v. Brown, which concerns state general personal jurisdiction over a foreign manufacturer whose products occasionally enter the state through its global parent company.