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The Supreme Court’s 2011 decision in J. McIntyre Machinery, Ltd. v. Nicastro marked the first time the Court explored personal jurisdiction in a “stream-of-commerce” conflict since its 1987 decision in Asahi Metal Industry Co. v. Superior Court of California. While many analysts and litigators hoped for clarification of the law, the Court’s decision did little to refine the lines originally blurred in Asahi. The Court failed to deliver a majority decision on the facts of the case, leaving circuit courts to rely on their own analytical devices. . .
This Note will track the evolution of personal jurisdiction by analyzing the current status of the stream-of-commerce theory in light of the decision in McIntyre. Part II.A discusses the origins of personal jurisdiction, while Part II.B outlines the progression of the stream-of-commerce analysis. Part II.C details the plurality’s decision from McIntyre’s forerunner, Asahi, and Part II.D presents the three-way circuit split prior to McIntyre. Finally, Part II.D summarizes the McIntyre opinion. Part III analyzes the decision in McIntyre, critiques the outcome, and suggests the implementation of a revised approach to personal jurisdiction, by adopting elements from Justice Stevens’s concurring opinion in Asahi. . .