‘Stream-of-Commerce’ Personal Jurisdiction Only Partially Clarified by Supreme Court

A fractured U.S. Supreme Court June 27 was unable to fashion a majority to resolve the “decades-old questions left open” by dueling opinions in Asahi Metal Indus. Co. v. Super. Ct. of Cal., Solano Cnty., 480 U.S. 102 (1987), regarding the “stream of commerce” doctrine of specific jurisdiction. Six justices, however, agreed that the British company that manufactures metal-shearing machines lacked sufficient minimum contacts with New Jersey to give its courts personal jurisdiction over the company in a product liability case (J. McIntyre Machinery Ltd. v. Nicastro).

In contrast, a unanimous Supreme Court agreed that North Carolina ...