Mary Ainsworth v. Cargotec USA, Inc., 716 F.3d 174 (5th Cir. 2013). · Go Syfert
Mary Ainsworth v. Cargotec USA, Inc., 716 F.3d 174 (5th Cir. 2013). Cases Citing This Book View Copy Cite
316 citation events (316 in the last 25 years) across 28 distinct courts.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Shanika K. Lewis v. Conagra Brands, Inc. f/k/a and Successor in Interest to Conagra Foods/ Shanika K. Lewis v. DS Containers, Inc. and PSMT, LLC d/b/a Pricesmart
visuper · 2023 · quote attribution · 1 verbatim quote · confidence high
in cases involving a product sold or manufactured by a foreign defendant, this circuit has consistently followed a 'stream-of-commerce' approach to personal jurisdiction.
examined Cited as authority (verbatim quote) Metro Equipment & Rental Co., Inc. v. Tsurumi Manufacturing, Co., Ltd. (4×) also: Cited as authority (rule), Cited "see"
W.D. Tex. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
justice breyer's concurring opinion . . . furnished the narrowest grounds for the decision and controls here.
discussed Cited as authority (verbatim quote) People for the Ethical Treatment of Animals, Inc. v. Shane Hinckley
S.D. Tex. · 2021 · quote attribution · 1 verbatim quote · confidence high
the reasoning of a supreme court opinion that does not command a majority vote is not binding precedent.
discussed Cited as authority (verbatim quote) Melton Properties, LLC v. Illinois Central Railroad Company
N.D. Miss. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the reasoning of a supreme court opinion that does not command a majority vote is not binding precedent.
discussed Cited as authority (verbatim quote) United States v. Maurice Freeman
8th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
the reasoning of a supreme court opinion that does not command a majority vote is not binding precedent.
examined Cited as authority (verbatim quote) Taishan Gypsum Co. v. Gross (3×) also: Cited as authority (rule), Cited "see"
5th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
this is not a case of a single, or even a few, isolated sales in mississippi. the facts in the record establish that moffett could have 'reasonably anticipated' being haled into court in mississippi.
examined Cited as authority (verbatim quote) In Re: Chinese Drywall (3×) also: Cited as authority (rule), Cited "see"
5th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
this is not a case of a single, or even a few, isolated sales in mississippi. the facts in the record establish that moffett could have 'reasonably anticipated' being haled into court in mississippi.
discussed Cited as authority (quoted) Hebert v. Wing Sale, Inc.
E.D. La. · 2018 · quote attribution · 1 verbatim quote · confidence low
in cases involving a product sold or manufactured 719 by a foreign defendant, this circuit has consistently followed a 'stream-of-commerce' approach to personal jurisdiction....
discussed Cited as authority (rule) B&B Staffing Management, LLC v. Integritus Healthcare, Inc.
S.D. Miss. · 2026 · confidence medium
Where, as here, a federal court is sitting in diversity, it may “exercise personal jurisdiction over a nonresident defendant if (1) the long-arm statute of the forum state confers personal jurisdiction over that defendant; and (2) the exercise of such jurisdiction by the forum state is consistent with due process under the United States Constitution.” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013) (quotation marks and citation omitted).
discussed Cited as authority (rule) Jonathan Howard v. Crowley Maritime Corporation, et al.
E.D. La. · 2026 · confidence medium
P. 12(b)(2). 40 Revell v. Lidov, 317 F.3d 467, 469 (5th Cir. 2002). 41 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 176 (5th Cir. 2013) (quoting ITL Int’l, Inc. v. Constenla, S.A., 669 F.3d 493, 496 (5th Cir. 2012)). 42 Cent.
discussed Cited as authority (rule) Duracarbon Latinamerica, LLC v. SIMEC USA Corporation, et al.
S.D. Tex. · 2025 · confidence medium
Analysis “A federal district court sitting in diversity may exercise personal jurisdiction over a nonresident defendant if (1) the long-arm statute of the forum state confers personal jurisdiction over that defendant; and (2) exercise of such jurisdiction by the forum state is consistent with due process under the United States Constitution.” Ainsworth v. Moffett Eng'g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013).
discussed Cited as authority (rule) Shannon McGuire and Susan McGuire v. B. Braun Medical Inc., B. Braun Interventional Systems, Inc., B. Braun Medical (2×)
E.D. La. · 2025 · confidence medium
Doc. 37 at 7. corporate relationship with BIS or BMI.13 It further declares that BIS distributes the VenaTech LP under a distributorship agreement between Braun France and BIS.14 Braun France attests that under the distributorship agreement Braun France has no involvement in the distribution of VenaTech LPs’ after BIS purchases the devices.15 Specifically, Braun France attests that it cannot “instruct or direct BIS to distribute or sell the VenaTech LP to specific hospitals and healthcare providers, or within certain geographical locations.”16 Moreover, Braun France declares that it did …
discussed Cited as authority (rule) Brp-Rotax Gmbh & Co. Kg v. Sheema Shaik and Touseef Siddiqui (2×) also: Cited "see, e.g."
Tex. · 2025 · confidence medium
But “the defendant’s contacts must be more than ‘random, fortuitous, or attenuated, or . . . the unilateral activity of another party or third person.’” Ainsworth, 716 F.3d at 177 (internal citation omitted); see also Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985).
examined Cited as authority (rule) Patrick v. Makine (3×) also: Cited "see"
E.D. Tex. · 2025 · confidence medium
Indeed, “[i]n cases involving a product sold or manufactured by a foreign defendant, [the Fifth] Circuit has consistently followed a ‘stream of commerce’ approach to personal jurisdiction . . . . ” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013).
discussed Cited as authority (rule) Alvarado v. Austrofood S.A.S. (2×) also: Cited "see"
E.D. La. · 2025 · confidence medium
Litig., 888 F.3d 753, 779 (5th Cir. 2018) (quoting Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013)).
discussed Cited as authority (rule) Nexus Spine v. Acuity Surgical Devices (2×)
D. Utah · 2025 · confidence medium
In the Tenth Circuit, there are three ways a defendant “purposefully direct[s]” activity toward a forum state: (1) the defendant has 37 Opposition to Motion to Dismiss at 9–14. 38 Sur-Reply in Opposition to Motion to Dismiss at 10 n.9 (citing Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013)). 39 Id. at 7 n.6; Opposition to Motion to Dismiss at 10–14. 40 Opposition to Motion to Dismiss at 12–14. 41 Shrader, 633 F.3d at 1239 (citation omitted); Behagen, 744 F.2d at 733 . 42 Id. at 2. continuing relationships with the forum state; (2) the defendant deliberately expl…
discussed Cited as authority (rule) Ethridge v. Samsung SDI (2×) also: Cited "see, e.g."
5th Cir. · 2025 · confidence medium
In diversity cases like this one, a federal court “may exercise personal jurisdiction over a nonresident defendant if (1) the long-arm statute of the forum state confers personal jurisdiction over that defendant; and (2) exer- cise of such jurisdiction by the forum state is consistent with due process un- der the [Fourteenth Amendment to the] United States Constitution.” Ains- worth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013); see also Fed.
discussed Cited as authority (rule) Stambro v. Vanderhall Motor Works, Inc.
W.D. Tex. · 2025 · confidence medium
Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 179 (5th Cir. 2013) (holding poultry forklift manufacturer had sufficient contacts with Mississippi because Mississippi was fourth-largest poultry-producing state in the country and manufacturer did not limit its marketer’s territory).
discussed Cited as authority (rule) Sonomatic Limited v. InnetiQs GmbH
S.D. Tex. · 2025 · confidence medium
There is no evidence to suggest that Defendant “delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.” Zoch v. Magna Seating (Germany) GmbH, 810 F. App’x 285 , 290 (Sth Cir. 2020) (citing Ainsworth v. Moffett Eng’ring, Ltd., 716 F.3d 174, 177 (5th Cir. 2013)).
discussed Cited as authority (rule) Bishop v. SZ DJI Technology Co., LTD.
E.D. Tex. · 2025 · confidence medium
Under Fifth Circuit precedent applying the stream-of-commerce theory, a plaintiff may establish a defendant’s requisite minimum contacts by showing that “[the defendant] delivered the product that injured [him] ‘into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.’” In re DePuy Orthopaedics, 888 F.3d at 779 (quoting Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013)).
discussed Cited as authority (rule) McRae v. ConnectDirect Online, Inc.
S.D. Miss. · 2025 · confidence medium
“Where the plaintiff alleges specific jurisdiction, as here, due process requires (1) minimum contacts by the defendant purposefully directed at the forum state, (2) a nexus between the defendant’s contacts and the plaintiff’s claims, and (3) that the exercise of jurisdiction over the defendant be fair and reasonable.” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013) (citations in footnotes omitted).
discussed Cited as authority (rule) Collette v. Elutia, Inc.
E.D. La. · 2024 · confidence medium
R.S. 13:3201(B). 9 Zoch, 810 F. App’x at 288. 10 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013). 11 Fielding v. Hubert Burda Media, Inc., 415 F.3d 419, 429 (5th Cir. 2005) (citing Toys “R” Us, Inc. v. Step Two, S.A., 318 F.3d 446, 456 (3d Cir. 2003)); see also Crescent Towing & Salvage Co., Inc. v. M/V JALMA TOPIC, No. 21-1331 c/w 21-1390, 2022 WL 7539743 , at *2 (E.D.
examined Cited as authority (rule) Jones v. Vidrios San Miquel S L (3×) also: Cited "see"
W.D. La. · 2024 · confidence medium
Under the “stream of commerce” approach to personal jurisdiction, the Fifth Circuit has consistently found that “the minimum contacts requirement is met so long as the court ‘finds that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.’” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013) (quoting Bearry v. Beech Aircraft Corp., 818 F.2d 370, 374 (5th Cir. 1987)).
discussed Cited as authority (rule) Massimo Motor Sports LLC v. Shandong Odes Industry Co
N.D. Tex. · 2024 · confidence medium
Generally, the Fifth Circuit employs a three-step personal-jurisdiction analysis to determine if there is specific jurisdiction: Where the plaintiff alleges specific jurisdiction, as here, due process requires (1) minimum contacts by the defendant purposefully directed at the forum state, (2) a nexus between the defendant’s contacts and the plaintiff’s claims, and (3) that the exercise of jurisdiction over the defendant be fair and reasonable.2 But as an alternative to that traditional minimum contacts analysis, personal jurisdiction may be established over an individual or corporation thr…
discussed Cited as authority (rule) Cellport Systems, Inc. v. Harman International Industries Inc.
E.D. Tex. · 2024 · confidence medium
To succeed under this theory, a plaintiff “need only show that [the defendant] delivered the product that injured [it] ‘into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.’” Id. at 779 (quoting Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013)); see also Luv N’ Care, Ltd. v. Insta-Mix, Inc., 438 F.3d 465, 470 (5th Cir. 2006) (“This court has consistently held that ‘mere foreseeability or awareness [is] a constitutionally sufficient basis for personal jurisdiction if the defendant’s product m…
discussed Cited as authority (rule) Joseph v. Atalco Gramercy, LLC
M.D. La. · 2024 · confidence medium
In this case, the Eastern District of Texas determined whether the court held personal jurisdiction over a foreign Toyota manufacturer, TMC, through its “network” of distributors 37 Ainsworth v. Moffett Eng'g, Ltd., 716 F.3d 174,177 (5th Cir. 2013). 38 Id. (citing Bearry v. Beech Aircraft Corp., 818 F.2d 370, 374 (5th Cir.1987)). 39 Id. (citing Luv N' care, Ltd., 438 F.3d at 470 ). 40 Id. (citing ITL Int'l, Inc. v. Constenla, S.A., 669 F.3d 493, 498 (5th Cir. 2012)). 41 Rec.
examined Cited as authority (rule) Jones v. Vidrios San Miquel S L (4×) also: Cited "see"
W.D. La. · 2024 · confidence medium
Under the “stream of commerce” approach to personal jurisdiction, the Fifth Circuit has consistently found that “the minimum contacts requirement is met so long as the court ‘finds that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.’” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013) (quoting Bearry v. Beech Aircraft Corp., 818 F.2d 370, 374 (5th Cir. 1987)).
discussed Cited as authority (rule) Air Vent Inc v. Powermax Electric Co Ltd Guangdong (2×) also: Cited "see"
N.D. Tex. · 2024 · confidence medium
Now that jurisdictional discovery is complete, the Court reconsiders its prior dismissal without prejudice of the motion to dismiss for lack of jurisdiction, (Doc. 32), in order to reach the now-ripe merits of the motion. 15 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013). 16 Stroman Realty, Inc. v. Wercinski, 513 F.3d 476, 482 (5th Cir. 2008). established no meaningful contacts, ties, or relations.”17 A defendant’s connection to the forum may be “general or specific.”18 Here, Air Vent alleges specific jurisdiction.
cited Cited as authority (rule) Bjorklund v. Novo Nordisk A/S
W.D. La. · 2024 · confidence medium
Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013).
discussed Cited as authority (rule) Yeti Coolers, LLC v. Mercatalyst, Inc.
W.D. Tex. · 2023 · confidence medium
The Fifth Circuit has found minimum contacts exist so long as the court determines “that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.” Ainsworth v. Moffett Eng'g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013) (quoting Bearry v. Beech Aircraft Corp., 818 F.2d 370, 374 (5th Cir.1987)).
cited Cited as authority (rule) Litvinov v. Bowtech, Inc.
S.D. Tex. · 2023 · confidence medium
Litig., 753 F.3d 521 (5th Cir. 2014) (quoting Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2012)); Rawls v. Old Republic Gen.
discussed Cited as authority (rule) Freestyle Brands, LLC v. Smart Study Co., LLC
E.D. Tex. · 2023 · confidence medium
To succeed under this theory, a plaintiff “need only show that [the defendant] delivered the product that injured [him] ‘into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.’” Id. at 779 (quoting Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013)); see also Luv N’ Care, Ltd. v. Insta-Mix, Inc., 438 F.3d 465, 470 (5th Cir. 2006) (“This court has consistently held that ‘mere foreseeability or awareness [is] a constitutionally sufficient basis for personal jurisdiction if the defendant’s product …
discussed Cited as authority (rule) Arigna Technology Limited v. Porsche AG
E.D. Tex. · 2023 · confidence medium
Here, BMW has minimum contacts with the forum by “deliver[ing] [accused] product[s] into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2014).
discussed Cited as authority (rule) Hare v. Air Plains Services Corporation
E.D. La. · 2023 · confidence medium
Therefore, the Court will DENY the motion to dismiss for lack of personal jurisdiction as to Textron.36 35 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013). 36 At this juncture, the Court considers only the arguments regarding personal jurisdiction, not the arguments by Textron as to the merits or propriety of the claims against it.
discussed Cited as authority (rule) Hare v. Air Plains Services Corporation
E.D. La. · 2023 · confidence medium
Servs., Ltd. v. Ritter, 768 F.3d 429, 431 (5th Cir. 2014). 26 Id. 27 Id. 28 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013). by Plaintiff and affidavit provided by Air Plains, however, shows the website does not sufficiently target Louisiana to trigger the exercise of general jurisdiction over Air Plains by this Court.
discussed Cited as authority (rule) Hare v. Air Plains Services Corporation
E.D. La. · 2023 · confidence medium
Plaintiff thus fails to present a sufficient basis upon which this Court should exercise specific jurisdiction over AVStar in this matter. 24 Id. 25 Id. 26 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013).
cited Cited as authority (rule) Sims v. BMW of North America LLC
M.D. Fla. · 2023 · confidence medium
Cir. 2014) (finding Justice’s Breyer’s opinion controlling); Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 178 (5th Cir. 2013); AFTG-TG, LLC v. Nuvoton Tech.
discussed Cited as authority (rule) Stevens v. Anhui Deep Blue Medical Technology Co., Ltd. (2×) also: Cited "see"
W.D. Tex. · 2023 · confidence medium
“In cases involving a product sold or manufactured by a foreign defendant,” the Fifth Circuit follows a “‘stream-of-commerce’ approach to personal jurisdiction, under which the minimum contacts requirement is met so long as the court finds that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013).
discussed Cited as authority (rule) Walker v. Motorola Mobility L L C (2×)
W.D. La. · 2023 · confidence medium
Application The Fifth Circuit has “consistently followed a ‘stream-of-commerce’ approach to personal jurisdiction, under which the minimum contacts requirement is met so long as the court ‘finds that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.’” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013) (quoting Bearry v. Beech Aircraft Corp., 818 F.2d 370, 374 (5th Cir. 1987)).
discussed Cited as authority (rule) Kennedy v. Shell USA, Inc.
E.D. La. · 2023 · confidence medium
P. 12(b)(2). facie evidence.”14 To determine whether a prima facie case exists, a district court accepts “uncontroverted allegations in the complaint” as true and resolves “any factual disputes” in favor of the party seeking to invoke the court’s jurisdiction.15 The Louisiana long-arm statute confers jurisdiction to the limits of due process.16 Thus, because Louisiana’s long-arm statute confers jurisdiction to the limits of due process, a federal court must determine only whether subjecting the defendant to suit in Louisiana comports with the Due Process Clause.17 Due process per…
examined Cited as authority (rule) Air Vent, Inc. v. Powermax Electric Co., Ltd. (3×) also: Cited "see"
N.D. Tex. · 2023 · confidence medium
The Fifth Circuit has held that under this test “mere foreseeability or awareness is a constitutionally sufficient basis for personal jurisdiction if the defendant’s product made its way into the forum state while still in the stream of commerce.” Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013) (internal quotations and alteration omitted).
discussed Cited as authority (rule) In Re: In the Matter of American River Transportation Co. LLC. (2×)
E.D. La. · 2022 · confidence medium
“In cases involving a product sold or manufactured by a foreign defendant,” the Fifth Circuit employs a “ ‘stream-of-commerce’ approach to personal jurisdiction, under which the minimum contacts requirement is met so long as the court finds that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased or used by consumers in the foreign state.” Ainsworth v. Moffett Eng'g, Ltd., 716 F.3d 174, 177 (Sth Cir. 2013), Under Ainsworth, “mere foreseeability or awareness is a constitutionally sufficient basis for personal jurisdiction…
discussed Cited as authority (rule) Oliver v. Roehm America, LLC
E.D. La. · 2022 · confidence medium
P. 12(b)(2). 114 Revell v. Lidov, 317 F.3d 467, 469 (5th Cir. 2002). 115 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 176 (5th Cir. 2013) (quoting ITL Int’l, Inc. v. Constenla, S.A., 669 F.3d 493, 496 (5th Cir. 2012)). 116 La.
discussed Cited as authority (rule) Melissa Dilworth and Thomas Trae Dilworth v. LG Chem, Ltd. and LG Chem America, Inc. (2×) also: Cited "see"
Miss. · 2022 · confidence medium
But, “[w]hen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices ‘the holding of the Court may be viewed as that position taken by those Members (declining to find jurisdiction over LG Chem on facts before the court but noting Lemmerman has distinguishable facts and procedural context). 12 who concurred in the judgments on the narrowest grounds.’” Ainsworth, 716 F.3d at 178 (alteration in original) (internal quotation marks omitted) (quoting Marks v. United States, 430 U.S. 188, 193 , 97 S. Ct. 990 , 51 L.
cited Cited as authority (rule) Donohue v. Wang
W.D. Tex. · 2022 · confidence medium
Ainsworth v. Moffett Engineering, Ltd., 716 F.3d 174, 177 (5th Cir. 2013).
discussed Cited as authority (rule) Ethridge v. Samsung SDI Co. Ltd
S.D. Tex. · 2022 · confidence medium
“The Fifth Circuit has found this doctrine and thus minimum contacts satisfied so long as the court determines ‘that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.’” Zoch, 810 F. App’x. at 290 (quoting Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013)).
cited Cited as authority (rule) Baylor University v. Vintage Brand, LLC
W.D. Tex. · 2022 · confidence medium
Ainsworth v. Moffett Engineering, Ltd., 716 F. 3d 174, 177 (5th Cir. 2013).
discussed Cited as authority (rule) St. Pierre v. UP Equip Inc
E.D. La. · 2022 · confidence medium
Co. v. Superior Ct., 480 U.S. 102, 105 (1987)). 14 Bullion v. Gillespie, 895 F.2d 213 , 216 n.5 (5th Cir. 1990) (internal citations omitted). 15 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 177 (5th Cir. 2013). 16 The “stream of commerce” theory of personal jurisdiction is the appropriate inquiry in cases, such as this one, which involve “a product sold or manufactured by a foreign defendant.” Id. 4 under this theory, the proponent of jurisdiction must prove that the defendant placed a product into the stream of commerce with the expectation that the product would be purchased by …
cited Cited as authority (rule) Rogers v. Coloplast Corp.
M.D. Fla. · 2022 · confidence medium
Cir. 2014) (finding Justice’s Breyer’s opinion controlling); Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 178 (5th Cir. 2013) (same); AFTG-TG, LLC v. Nuvoton Tech.
discussed Cited as authority (rule) Advanta-Star Automotive Research Corporation of America v. Search Optics, LLC
E.D. La. · 2021 · confidence medium
P. 12(b)(2). 49 Revell v. Lidov, 317 F.3d 467, 469 (5th Cir. 2002). 50 Ainsworth v. Moffett Eng’g, Ltd., 716 F.3d 174, 176 (5th Cir. 2013) (quoting ITL Int’l, Inc. v. Constenla, In diversity cases under 28 U.S.C. § 1332 , “the exercise of personal jurisdiction over a non- resident defendant must comport with both federal constitutional due process requirements and the long-arm statute of the state in which the district court is located.”51 The Louisiana long-arm statute confers jurisdiction to the limits of due process.52 Thus, because Louisiana’s long-arm statute confers jurisdicti…
Retrieving the full opinion text from the archive…
Mary P. AINSWORTH, Widow and Personal Representative of James T. Ainsworth, Deceased, Individually and on Behalf of All Wrongful Death Beneficiaries, Including the Minor Children, S.A., D.A., and M.A., Mary P. Ainsworth is Mother and Next Friend, Plaintiff-Appellee
v.
MOFFETT ENGINEERING, LTD., Defendant-Appellant
12-60155.
Court of Appeals for the Fifth Circuit.
May 9, 2013.
716 F.3d 174
John G. Corlew (argued), Virginia Thompson Munford, Corlew, Munford & Smith, P.L.L.C., Jackson, MS, Carroll H. Ingram, Ingram & Associates, Hatties-burg, MS, for Plaintiff-Appellee., Allen C. Schlinsog, James P. Denis, III (argued), Reinhart Boerner Van Deuren, P.C., Milwaukee, WI, Eugene Randolph Naylor, Esq., Wise Carter Child & Caraway, P.A., Jackson, MS, for Defendant-Appellant.
Higginbotham, Smith, Elrod.
Cited by 105 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: E.D. Louisiana (1)
PATRICK E. HIGGINBOTHAM, Circuit Judge:

The outcome of this appeal turns on our interpretation of the Supreme Court’s recent decision in J. McIntyre Machinery, Ltd. v. Nicastro 1 — specifically whether that decision renders our stream-of-commerce approach to personal jurisdiction improper. Finding that application of the stream-of-commerce approach in this case does not run afoul of McIntyre’s narrow holding, we affirm the district court’s interlocutory order finding personal jurisdiction and denying dismissal.

I.

On September 29, 2010, Mary P. Ains-worth (“Ms. Ainsworth”), individually and on behalf of all wrongful death beneficiaries, filed a product liability and wrongful death action against Cargotec USA, Inc. (“Cargotec”) and Moffett Engineering, Ltd. (“Moffett”) in the Southern District of Mississippi. Her husband, James T. Ains-worth (“Mr. Ainsworth”), had been run over and killed by an allegedly defective forklift while he was working at Wayne Farms in Ovett, Mississippi. The forklift was designed and manufactured by Mof-fett, an Irish corporation with its principal place of business in Ireland, but pursuant to an exclusive sales and distribution agreement between Moffett and Cargotec it was sold to Wayne Farms by Cargotec, a Delaware corporation with its principal place of business in Ohio. [2] Moffett filed a motion to dismiss for lack of personal jurisdiction, which the district court denied. The Supreme Court subsequently issued its opinion in McIntyre. Moffett then asked the district court to reconsider its ruling in light of McIntyre. The district court denied that motion, finding that McIntyre’s fractured opinion limited its applicability, and that the present case fell outside of McIntyre’s narrow holding. We granted Moffett leave to appeal the district court’s interlocutory order.

II.

“Whether the district court can properly exercise personal jurisdiction over the defendant is an issue of law we review de novo.” 3 The burden of establishing personal jurisdiction over a non-resident defendant lies with the plaintiff. [4] In evaluating whether the plaintiff has met that burden at this preliminary stage, “the court must accept as true all uncontrovert-ed allegations in the complaint and must resolve any factual disputes in favor of the plaintiff.” [5]

[*177] III.

The framework for evaluating a motion to dismiss for lack of personal jurisdiction is well-settled. “A federal district court sitting in diversity may exercise personal jurisdiction over a nonresident defendant if (1) the long-arm statute of the forum state confers personal jurisdiction over that defendant; and (2) exercise of such jurisdiction by the forum state is consistent with due process under the United States Constitution.” [6] The parties agree that this appeal turns on the limits of due process. “Where the plaintiff alleges specific jurisdiction, as here, due process requires (1) minimum contacts by the defendant purposefully directed at the forum state, (2) a nexus between the defendant’s contacts and the plaintiffs claims, and (3) that the exercise of jurisdiction over the defendant be fair and reasonable.” [7] The district court found the second and third requirements met in this case; the only issue presented on interlocutory appeal is whether Moffett had “minimum contacts ... purposefully directed at the forum state.” 8

In cases involving a product sold or manufactured by a . foreign defendant, this Circuit has consistently followed a “stream-of-eommerce” approach to personal jurisdiction, under which the minimum contacts requirement is met so long as the court “finds that the defendant delivered the product into the stream of commerce with the expectation that it would be purchased by or used by consumers in the forum state.” [9] Under that test, “mere foreseeability or awareness [is] a constitutionally sufficient basis for personal jurisdiction if the defendant’s product made its way into the forum state while still in the stream of commerce,” [10] but “[t]he defendant’s contacts must be more than ‘random, fortuitous, or attenuated, or of the unilateral activity of another party or third person.’ ” [11]

The district court concluded that Moffett is subject to personal jurisdiction in Mississippi because it was foreseeable to Mof-fett that its products would be purchased by consumers in Mississippi. The district court based its conclusion on the exclusive sales and distribution agreement between Moffett, the manufacturer of the forklift, and Cargotec, its seller to Mr. Ainsworth’s employer. Pursuant to that agreement, Cargotec is the exclusive marketer and distributor of Moffett’s forklifts throughout the United States. Cargotec is Mof-fett’s only customer in the United States; Moffett does not sell forklifts directly to other customers in the United States. The district court reasoned that Moffett was subject to personal jurisdiction in Mississippi under the stream-of-commerce approach because “(1) it had entered into a sales and distribution agreement which specifically defined Cargotec’s sales territory as the entire United States, (2) it was aware that Cargotec marketed its product throughout the entire United States, and (3) it made no attempt to limit the scope of Cargotec’s marketing efforts.” On interlocutory appeal, Moffett argues that appli[*178] cation of the Fifth Circuit’s stream-of-commerce approach is no longer proper after the Supreme Court’s decision in McIntyre.

We disagree and find that application of the stream-of-commerce approach in this case does not run afoul of McIntyre’s narrow holding. The facts of McIntyre are straightforward. Robert Nicastro injured his hand in New Jersey while using a machine manufactured by J. McIntyre Machinery (“McIntyre”). The machine had been manufactured in England, where McIntyre was incorporated and operated, then sold to a U.S. distributor, which in turn sold and shipped the machine to New Jersey. McIntyre did not market, sell, or ship machines to New Jersey, and the U.S. distributor had only sold one of McIntyre’s machines in New Jersey — the machine that caused Mr. Nicastro’s injury. Mr. Nicastro sued McIntyre in New Jersey, and the New Jersey Supreme Court held personal jurisdiction was proper.

The Supreme Court reversed but did not produce a majority opinion. Justice Kennedy authored a plurality opinion, joined by Chief Justice Roberts, Justice Scalia, and Justice Thomas. Under the plurality’s approach to personal jurisdiction, “[t]he defendant’s transmission of goods permits the exercise of jurisdiction only where the defendant can be said to have targeted the forum; as a general rule, it is not enough that the defendant might have predicted that its goods will reach the forum State.” [12] Our stream-of-commerce test, in not requiring that the defendant target the forum, is in tension with the plurality opinion, under which Moffett would likely not be subject to personal jurisdiction in Mississippi. But that does not answer the question before us. The reasoning of a Supreme Court opinion that does not command a majority vote is not binding precedent. [13] Instead, “[wjhen a fragmented Court decides a case and no single rationale explaining the result enjoys the assent of five Justices, ‘the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.’ ” [14] In McIntyre, Justice Breyer’s concurring opinion, joined by Justice Alito, furnished the narrowest grounds for the decision and controls here.

Justice Breyer made clear that his view that “resolving [the] case require[d] no more than adhering to [the Supreme Court’s] precedents” and that his decision was “based on the facts,” which involved only a single sale in New Jersey. [15] He explained that under any of the Court’s precedents “a single isolated sale” is not an adequate basis for personal jurisdiction. [16] Here, from 2000 through September 2010, Cargotec sold 203 Moffett forklifts to customers in Mississippi — a far cry from the single sale in McIntyre.

Justice Breyer did criticize New Jersey’s test, which would subject a foreign defendant to jurisdiction so long as it “knows or reasonably should know that its products are distributed through a nationwide distribution system that might lead to those products being sold in any of the[*179] fifty states.” [17] He thought that it could be read too broadly — it would “rest jurisdiction ... upon no more than the occurrence of a product-based accident in the forum State” and “permit every State to assert jurisdiction in a products-liability suit against any domestic manufacturer who sells its products (made anywhere in the United States) to a national distributor, no matter how large or small the manufacturer, no matter how distant the forum, and no matter how few the number of items that end up in the particular forum at issue.” [18]

We are not persuaded that Mississippi’s exercise of jurisdiction must call upon such a broad power. To the contrary, Justice Breyer’s concurrence was explicitly based on Supreme Court precedent and on McIntyre’s specific facts, we find that this case falls outside its limited scope. This is not a case of a single, or even a few, isolated sales in Mississippi. The facts in the record establish that Moffett could have “reasonably anticipated” being haled into court in Mississippi. Cargotec sells or markets Moffett products in all fifty states, and Moffett makes no attempt to limit the territory in which Cargotec sells its products. From 2000 through September 2010, Moffett sold 13,-073 forklifts to Cargotec, worth approximately 254,000,000. Cargotec sold 203 of those forklifts, worth approximately 3,950,-000, to customers in Mississippi. Those Mississippi sales accounted for approximately 1.55% of Moffett’s United States sales during that period. Moreover, the record indicates that Moffett designed and manufactures a forklift for poultry-related uses. Thus, even though Moffett did not have specific knowledge of sales by Cargo-tec in Mississippi, it reasonably could have expected that such sales would be made, given the fact that Mississippi is the fourth largest poultry-producing state in the United States.

The only other circuit court to squarely address McIntyre’s narrowest holding reached a similar conclusion. In AFTG-TG, LLC v. Nuvoton Tech. Corp., the Federal Circuit explained that “the crux of Justice Breyer’s concurrence was that the Supreme Court’s framework applying the stream-of-commerce theory — including the conflicting articulations of that theory in Asahi [Metal Industry Company, Ltd. v. Superior Court of California, Solano County, 480 U.S. 102, 107 S.Ct. 1026, 94 L.Ed.2d 92 (1987) ] — had not changed, and that the defendant’s activities in McIntyre failed to establish personal jurisdiction under any articulation of that theory.” [19] It found that “[t]he narrowest holding is that which can be distilled from Justice Breyer’s concurrence — that the law remains the same after McIntyre.” [20] Because it concluded “that McIntyre did not change the Supreme Court’s jurisdictional framework,” the Federal Circuit went on to “apply [its] precedent that interprets the Supreme Court’s existing stream-of-commerce precedents.” [21]

IV.

For the reasons set forth above, we AFFIRM the district court’s interlocutory order finding personal jurisdiction and denying dismissal.

2

. Moffett and Cargotec are both wholly-owned subsidiaries of Cargotec Oyj, a Finnish corporation. However, it is undisputed that they are separate companies that do not share any common officers or directors and are separated in the company hierarchy by several layers of distinct subsidiaries.

3

. Clemens v. McNamee, 615 F.3d 374, 378 (5th Cir.2010).

5

. ITL Int'l, Inc. v. Constenta, S.4., 669 F.3d 493, 496 (5th Cir.2012).

6

. Latshaw v. Johnston, 167 F.3d 208, 211 (5th Cir.1999).

7

. ITL Int’l, 669 F.3d at 498.

9

. Bearry v. Beech Aircraft Corp., 818 F.2d 370, 374 (5th Cir.1987).

10

. Luv N’ care, Ltd. v. Insta-Mix, Inc., 438 F.3d 465, 470 (5th Cir.2006) (quoting Ruston Gas Turbines v. Donaldson Co., 9 F.3d 415, 419 (5th Cir.1993)) (alterations in original).

11

. ITL Int’l, 669 F.3d at 498 (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)).

13

. CTS Corp. v. Dynamics Corp. of Am., 481 U.S. 69, 81, 107 S.Ct. 1637, 95 L.Ed.2d 67 (1987).

14

. Marks v. United States, 430 U.S. 188, 193, 97 S.Ct. 990, 51 L.Ed.2d 260 (1977) (quoting Gregg v. Georgia, 428 U.S. 153, 169 n. 15, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976) (opinion of Stewart, Powell, and Stevens, JJ)).

15

. McIntyre, 131 S.Ct. at 2791-92 (Breyer, I, concurring).

17

. Id. at 2793 (emphasis in original).

19

. 689 F.3d 1358, 1363 (Fed.Cir.2012).