The Potential Impact of the Supreme Court’s Ford Motor Company Ruling on Aviation Product Liability and Montreal Convention Cases
On March 25, 2021, the U.S. Supreme Court issued its decision in Ford Motor Co. v. Montana Eighth Judicial District Court, revisiting the Constitutional limitations on state power to assert personal jurisdiction over parties sued in U.S. states where they are not citizens. Although Ford involved vehicular collisions, the Court’s decision has important implications for both aviation product liability and Montreal Convention cases. The majority broadly held, “[w]hen a company like Ford serves a market for a product in a State and that product causes injury in the State to one of its residents, the State’s courts may entertain the resulting suit.” This article discusses the majority’s rejection of the “causation-only” test for specific personal jurisdiction proposed by Ford, describes concerns raised in the two concurring opinions, then provides a detailed analysis of the potential impact of Ford on both aviation product liability and Montreal Convention cases. The article concludes that courts hearing aviation product liability cases after Ford will be more likely to deny motions to dismiss based on lack of personal jurisdiction. As for Montreal cases, where courts will be free to consider “non-causal” conduct of foreign airlines in the forum states, and where they will be called upon to do specific personal jurisdictional analysis, rulings may change and more plaintiffs may be allowed to sue in their home state.
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/issn/19347170
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Authors:
- Sims, Matthew S
- Rapoport, David E
- Publication Date: 2021
Language
- English
Media Info
- Media Type: Print
- Features: References;
- Pagination: pp 35-57
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Serial:
- Issues in Aviation Law and Policy
- Volume: 21
- Issue Number: 1
- Publisher: International Aviation Law Institute
- ISSN: 1934-7170
- Serial URL: https://las.depaul.edu/centers-and-institutes/chaddick-institute-for-metropolitan-development/research-and-publications/Pages/issues-aviation-law-policy.aspx
Subject/Index Terms
- TRT Terms: Crashes; Legal factors; Legal responsibility; Products liability
- Identifier Terms: Ford Motor Company; Montreal Convention
- Subject Areas: Aviation; Law; Safety and Human Factors;
Filing Info
- Accession Number: 01831728
- Record Type: Publication
- Files: TRIS
- Created Date: Dec 28 2021 9:33AM