First Impression: Personal Jurisdiction Established Through Website

The U.S. Supreme Court addressed the question of jurisdiction over foreign companies twice in 2011.  The first case was Goodyear Dunlop Tires Operations S.A. v. Brown, holding that North Carolina state courts do not have jurisdiction in a wrongful-death case brought by the parents of North Carolina minors who died in a bus accident outside Paris. The second case, J. McIntyre Machinery Ltd. v. Nicastro, reversing a New Jersey Supreme Court ruling against a foreign manufacturer, held that the manufacturer did not purposefully avail itself of the New Jersey market. In the face of these rulings (but not citing them), a Massachusetts state court this month claimed jurisdiction to hear a case against a French company because its website directs consumers to Massachusetts retailers. Here's a PDF of the opinion, LaFond v. Salomon North America Inc.. In a National Law Journal story on the Massachusetts case three civil procedure experts agree that both McIntyre and Goodyear leave many questions unanswered.