Sungsam, Inc., a Taiwanese company, and nineteen other Asian companies (the Companies) collaborated to manufacture and sell transistors internationally. These transistors were used in a multitude of consumer goods, millions of which were sold in the United States, including Georgia. The state of Georgia sued the Companies in Georgia, alleging violating consumer protection laws. The Companies filed a motion to dismiss for lack of personal jurisdiction. In response, Plaintiff alleged that the Companies sold the transistors into international streams of commerce with the intent that they would be incorporated into millions of consumer products sold in the United States, including Georgia. Should the Companies motion be granted? © a. No because the Companies did not sell any products directly to Georgia consumers and did not conduct any business in Georgia. b. Yes because a foreign manufacturer’s placement of goods into the stream of commerce of the state of Georgia, with the intent that they will be purchased by consumers in that state, indicates purposeful availment. c. Yes because even though the presence of millions of transistors in Georgia may be the result of chance or the random acts of third parties, the Companies hoped that the transistors would end up in Georgia state is sufficient to find that they intended to enter the stream of commerce there d. No because a foreign manufacturer does not purposefully avail itself of a forum when the unilateral act of a consumer or other third party brings the product into the forum state.
Sungsam, Inc., a Taiwanese company, and nineteen other Asian companies (the Companies) collaborated to manufacture and sell transistors internationally. These transistors were used in a multitude of consumer goods, millions of which were sold in the United States, including Georgia. The state of Georgia sued the Companies in Georgia, alleging violating consumer protection laws. The Companies filed a motion to dismiss for lack of personal jurisdiction. In response, Plaintiff alleged that the Companies sold the transistors into international streams of commerce with the intent that they would be incorporated into millions of consumer products sold in the United States, including Georgia. Should the Companies motion be granted? ©
No because the Companies did not sell any products directly to Georgia consumers and did not conduct any business in Georgia.
Yes because a foreign manufacturer’s placement of goods into the stream of commerce of the state of Georgia, with the intent that they will be purchased by consumers in that state, indicates purposeful availment.
Yes because even though the presence of millions of transistors in Georgia may be the result of chance or the random acts of third parties, the Companies hoped that the transistors would end up in Georgia state is sufficient to find that they intended to enter the stream of commerce there
No because a foreign manufacturer does not purposefully avail itself of a forum when the unilateral act of a consumer or other third party brings the product into the forum state.
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