Asahi Metal Industry Co. v. Superior Court

Asahi Metal Industry Co. v. Superior Court - Civil...

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Civil Procedure 9/30 Modern Constitutional Formulation of Power Asahi Metal Industry Co. v. Superior Court, U.S. Supreme Court, 1987 Facts : Gary Zurcher lost control of his Honda motorcycle in California. He was severely injured and his passenger wife was killed. He filed suit in California against (inter alia) Cheng Shin Rubbert for product liability. Cheng Shin in turn filed a third party complaint seeking indemnification from Asahi Metal. Asahi said California could not exercise jurisdiction over it consistent with the Due Process Clause of the Fourteenth Amendment. Asahi is a Japanese corporation whose central place of business is in Japan. It makes tire valve assemblies and sells them to Cheng Shin and other tire manufacturers. Cheng Shin constitutes .44% to 1.24% of its total sales. 20% of Cheng Shin’s sales go to CA. Procedure : California court said Asahi obviously does business on an international scale. It is not unreasonable that they defend claims of defect in their product on an international scale. Issue : whether the mere awareness on the part of a foreign defendant that the components it manufactured, sold, and delivered outside of the United States would reach the forum
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Asahi Metal Industry Co. v. Superior Court - Civil...

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