This Comment proposes that courts should apply a market analysis to all "stream of commerce" cases. The proper question in such cases is whether the market for the defendant manufacturer's or dealer's products includes the forum state. If so, the defendant should be subject to jurisdiction in the forum state. The Comment begins with a look at the recent history of the doctrine of personal jurisdiction. It then proposes a market analysis approach as an alternative to the rigid unilateral contacts test, and discusses the market analysis approach in the context of several recent consumer-based contact cases. Finally, the Comment describes how courts have applied the market analysis approach in distributor-based contact cases.
Personal Jurisdiction in the Post-World-Wide Volkswagen Era—Using a Market Analysis to Determine the Reach of Jurisdiction,
60 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol60/iss1/9