April 23, 2018

Colorado Supreme Court: Plaintiff Established Sufficient Contacts Under Stream of Commerce Doctrine to Withstand Motion to Dismiss

The Colorado Supreme Court issued its opinion in Align Corp. Ltd. v. Boustred on Monday, November 13, 2017.

Stream of Commerce Doctrine—Personal Jurisdiction

In this case, the supreme court considers the stream of commerce doctrine to determine the prerequisites for a state to exercise specific personal jurisdiction over a non-resident defendant. The court concludes that World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980), sets out the controlling stream of commerce doctrine. That doctrine establishes that a forum state may assert jurisdiction where a plaintiff shows that a defendant placed goods into the stream of commerce with the expectation that the goods will be purchased in the forum state. Applying that doctrine to this case, the court then concludes that the plaintiff made a sufficient showing under that doctrine to withstand a motion to dismiss. Accordingly, the supreme court affirms the judgment of the court of appeals.

Summary provided courtesy of Colorado Lawyer.