Bloomberg Law
Aug. 31, 2021, 6:13 PM

LG Chem Subject to Suit, Injured Battery Users Tell 11th Cir.

Martina Barash
Martina Barash

South Korea-based battery maker LG Chem Ltd. can be sued throughout the nation, including in Georgia, under a jurisdictional analysis the U.S. Supreme Court has hinted at but never reached, five injured electronic-cigarette users say in a brief to the Eleventh Circuit.

In cases that are before a federal court because U.S. citizens are lined up against foreign citizens, the due process clause of the Fifth Amendment, not the Fourteenth Amendment, applies, the vapers say in their opening brief, filed Monday.

The Fifth Amendment allows for jurisdiction “tested by the defendant’s national contacts,” as it does in federal-law cases in ...