J. McIntyre Machinery, Ltd. v. Nicastro (09-1343)

argument 09-1343

J. McIntyre Machinery, Ltd. v. Nicastro

Supreme Court of the United States 1h 0m 7 speakers 8 chapters transcribed 5 days ago official recording ↗
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What is the central jurisdictional question in J. McIntyre Machinery v. Nicastro?

John G. Roberts 0:01
We'll hear argument first this morning in case zero nine thirteen forty three, J McIntyre Machinery Limited versus Nicastro. Mr. Ferguson?
Edward C. F. Ferguson 0:11
Mr Chief Justice, and may it please the court. Because J. McIntyre did not direct any activity at residents of New Jersey, either itself or by directing its distributor MMA to do so. and had no awareness or knowledge that the distributor took The action that it did toward New Jersey New Jersey lacked adjudicative jurisdiction.
Antonin Scalia 0:40
at all controlled by By the defendant.
Edward C. F. Ferguson 0:43
No, Your Honor. Uh it was not. And both under Ohio law Wells versus Komatsu America. And under the restatement second agency Section one hundred and one. The right to control is essential. uh to ascribe actions to create an agency and it's on a uh per purpose basis.
Antonin Scalia 1:08
It might be better to refer to it as the company that distributed its product rather than calling it its distributor. I think it's very loads it it seems to me. Very good, Your Honor.
Anthony M. Kennedy 1:17
Mr. Ferguson, in your question presented to this court, You ask whether there's personal jurisdiction and I'm quoting here. solely because the manufacturer targets the United States market for the sale of its product. So I'm taking from that that You acknowledge that this manufacturer, McIntyre, a British manufacturer, targeted the United States market for the sale of its product. That's correct, yes?
Edward C. F. Ferguson 1:43
Uh, Your Honor, that's what the New Jersey Supreme Court held and that's how we fashioned
Anthony M. Kennedy 1:48
That's your question presented. Did this uh well, I'll just ask you then, did this manufacturer target the United States market? Did it want to sell its product in the United States?
Edward C. F. Ferguson 1:59
Yes, Your Honor.
Anthony M. Kennedy 2:00
Okay. So what does that mean exactly, Mr. Ferguson? Because the the United States is the United States. It's made up of fifty states. So I assume that what that means is the manufacturer wanted to sell its products. in each of the fifty states. Is that right? No,
Edward C. F. Ferguson 2:16
Your Honor.
Anthony M. Kennedy 2:17
It only wanted to sell its product in a few States?
Edward C. F. Ferguson 2:19
No, Your Honor. It wanted to sell its product anywhere that the distributor could find. The distributor was the market maker.
Anthony M. Kennedy 2:26
Right. So if the distributor came up with California, that was great. If the distributor came up with a customer in New Jersey, that was great. As many As possible more the better all over the United States. Іздат?
Edward C. F. Ferguson 2:41
As many as possible wherever the the distributor could find a customer.
Anthony M. Kennedy 2:46
Exactly. So you targeted New Jersey no less than you targeted California or New York or Illinois or Massachusetts or anything else. Well you targeted the entire United States. Why shouldn't there be jurisdiction in each of the states you targeted?
Edward C. F. Ferguson 3:01
Well, Your Honor, because first this court's jurisprudence looks to a direct act from Worldwide Volkswagen and even before, as it brought forward Hansen. as this court has applied worldwide Volkswagen, Burger King and Justice O'Connor's concurrence in the Sahih and the other occurrence uh concurrence, Justice Brennan's concurrence in the Sahih, look toward a
Antonin Scalia 3:25
specific state. Just to Ferguson, I I suppose you could say the same thing about any United States manufacturer. Yes. Yes, and uh uh to say that this foreign manufacture is therefore suable in any state would mean that any American manufacturer is suable in any state, which is
Anthony M. Kennedy 3:49
a state where the incident arises. This is not general jurisdiction, this is specific jurisdiction. So the question is, when you target the entire United States and each of the fifty states within that, and an accident occurs within one of those states, are you subject to jurisdiction in that state? for that accident, for a claim based on that accident. Not generally, but just for a claim based on that accident.

How do the Justices apply the “purposeful availment” test to the manufacturer’s conduct?

Anthony M. Kennedy 4:15
Didn't even Justice O'Connor you referenced the Asahi opinions, but Justice O'Connor said As long as there's purposeful availment, there's specific jurisdiction, and there is purposeful availment when there's an active effort to target a market.
Edward C. F. Ferguson 4:32
Well, Your Honor, in Burger King, in Hansen, in Worldwide Volkswagen. The purposeful availment is defined as conducting activities within the foreign state.

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