Over two years ago, the United States Supreme Court put another notch in big companies’ “litigation-avoidance belt,” once again making it harder for the “little guy” to get a fair shake. In J. McIntyre Machinery v. Robert Nicastro, 131 S.Ct. 2780 (June 27, 2011), the Supreme Court addressed the issue of a state court’s jurisdiction over a foreign defendant.
Respondent Robert Nicastro severed four fingers using a metal-shearing machine while working at a factory located in New Jersey. He sued the London-based manufacturer, J. McIntyre Machinery, in state court in New Jersey. The trial court dismissed the case for lack of jurisdiction. The Appellate Division reversed, finding that New Jersey did have jurisdiction. And the Supreme Court of New Jersey affirmed, finding that the state could indeed exercise jurisdiction over J. McIntyre because the company had placed its product into the “stream of commerce” in the United States and could therefore foresee being sued in the state of New Jersey.
