MBE Rules · Civil Procedure
Stream of commerce
Asahi / J. McIntyre
The rule
Placing a product into the stream of commerce alone does not establish purposeful availment. Plurality opinions (O'Connor in Asahi; Kennedy in McIntyre) require additional conduct showing intent to serve the forum. Brennan plurality (Asahi) would accept awareness alone. Bar tests the stricter view.
In plain English
Just selling a product that ends up in a state isn't enough to be sued there. You need to show the seller intended to do business in that state.
Worked example
A French bike maker sells bikes in Europe. One bike ends up in Texas. Without ads or sales in Texas, they can't be sued there just because the bike got there.
Memory hook
Stream needs steering, not just floating. Just shipping isn't enough; show intent to target the forum.
The trap
Students think: shipping to U.S. suffices. Wrong, because awareness isn't enough. The actual test is intent to target the forum (strict view).
How examiners test it
MBE loves: foreign manufacturer + product ends up in forum. Trap: students assume awareness suffices, but need conduct showing intent to serve forum.
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