Koninklijke Philips, N.V. v. Washington

Case Updates

Joined by the American Tort Reform Association, the U.S. Chamber filed an amicus brief asking the U.S. Supreme Court to review a Washington Supreme Court decision flouting U.S. Supreme Court precedents on the issue of personal jurisdiction. The court below held that specific jurisdiction over the defendants was proper despite the fact that their only relevant connection with the forum was the incorporation of components manufactured by defendants into end products made by third parties who sold these products throughout the United States, including in Washington. In so holding, the court relied solely on a “stream of commerce” theory of jurisdiction.

The amicus brief argued that, consistent with the precedents of the U.S. Supreme Court, that theory could not support a finding of specific personal jurisdiction here, as the existence of specific jurisdiction turns on the defendant’s relationship with the forum, as measured by the defendant’s purposeful acts, not the acts of third parties. In addition, the brief explained that review of the erroneous decision is needed to provide businesses with clear and predictable jurisdictional rules in order to structure their affairs and anticipate where their conduct will and will not render them amenable to suit.

Andrew J. Pincus and Archis A. Parasharami of Mayer Brown LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.