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The U.S. Supreme Court recently addressed the scope of personal jurisdiction over defendants in products-liability actions in Ford Motor Co. v. Montana Eighth Judicial District Court et al., 141 S. Ct. 1017 (2021). The decision gives guidance on where companies can potentially be sued for injuries arising from their products and is particularly relevant for companies with nationwide markets. In a pair of consolidated lawsuits against Ford Motor Company, the Court considered whether a plaintiff [...]

One of the more well established appellate doctrines in Michigan (and elsewhere) is that an issue that isn't preserved in the trial court won't be considered on appeal. 1 But are there exceptions? Let's find out. General Rule of Issue Preservation As the Michigan Supreme Court explained in Walters v Nadell, 481 Mich 377; 751 NW2d 431 (2008), "[u]nder our jurisprudence, a litigant must preserve an issue for appellate review by raising it in the [...]

Currently, the Texas Products Liability Act defines a "seller" as "a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof."1 The Texas Supreme Court is set to determine whether (1) Amazon is a "seller" under Texas products-liability law and (2) if Amazon "could potentially liable for injuries caused by unsafe products sold on [...]