Civil Procedure I

Asahi Rule

In Asahi Metal Industry Co. v. Superior Court, the Supreme Court had a 4/4 split on stream of commerce.

The plurality view was that stream of commerce alone is enough to constitute purposeful availment as long as the defendant was aware that the final product was being marketed in the forum state.

McIntyre disagreed with this, but there was also no majority, so Asahi was not overruled.