35 Pages Posted: 20 Jan 2012 Last revised: 17 Dec 2014
Date Written: January 17, 2012
This article is the first sustained economic analysis of personal jurisdiction. It argues that plaintiffs should be able to sue where they purchased a product which caused injury. Such a rule allows manufacturers to set prices which take into account the quality of the forum state’s courts. If the courts are biased against out-of-state corporations, have overly generous judges or juries, or apply substantive law which is excessively pro-consumer, manufacturers can, through contracts with distributors and retailers, charge a higher price to consumers in that state. This prevents judges and juries from engaging in inter-state redistribution and gives states an incentive to provide efficient substantive rules and adjudicative institutions. In contrast, a rule which required suit in a place more fully under the control of the defendant – such as the place of manufacture or the location of the distributor – would encourage manufacturers to select inefficiently pro-defendant jurisdictions for their activities. Because consumers are unlikely to know where products are manufactured or distributed and are unlikely to be able to evaluate the quality of the law in those states, it is implausible to think that the market will give manufacturers incentives to locate their jurisdiction-triggering activities in states with efficient laws and institutions. This analysis is particularly important, because the Supreme Court has recently deadlocked on personal jurisdiction in product liability cases.
Keywords: personal jurisdiction, products liability, jurisdictional competition, choice of law
JEL Classification: K40, K13
Suggested Citation: Suggested Citation
Klerman, Daniel M., Personal Jurisdiction and Product Liability (January 17, 2012). 85 Southern California Law Review 1551-1596 (2012); USC CLASS Research Paper No. C12-2; USC Law Legal Studies Paper No. 12-4. Available at SSRN: https://ssrn.com/abstract=1987223 or http://dx.doi.org/10.2139/ssrn.1987223