• Pennsylvania District Court Finds Supreme Court Failed to Adopt Clear Personal Jurisdiction Standard Over Foreign Defendant
  • March 14, 2012 | Authors: Harris Neal Feldman; Han Nguyen; Carl J. Schaerf
  • Law Firms: Schnader Harrison Segal & Lewis LLP - Cherry Hill Office ; Schnader Harrison Segal & Lewis LLP - Philadelphia Office ; Schnader Harrison Segal & Lewis LLP - New York Office
  • A foreign manufacturer sued in the U.S. District Court for the Middle District of Pennsylvania recently prevailed in its motion to dismiss for lack of personal jurisdiction even though it did not dispute that its consumer product was used by the injured Pennsylvania plaintiffs. In an opinion that gives essentially no credit to a 2011 U.S. Supreme Court decision on personal jurisdiction — noting “the failure of a Supreme Court majority to adopt clearly one of the two [stream-of-commerce theory] standards” — the District Court in Sieg v. Sears Roebuck & Co., No. 3:10-606 (Feb. 24, 2012), concluded that a foreign defendant was not subject to personal jurisdiction under either of the two standards for the stream-of-commerce theory despite the fact that it has a presence in the United States and previously defended other lawsuits in Pennsylvania.