Civil Procedure Keyed to Subrin
Asahi Metal Industry Co. v. Superior Court
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Gary Zurcher was severely injured and his wife was killed after he lost control of his Honda motorcycle and collided with a tractor in Solano County, California. Zurcher filed a products liability in California state court, alleging that the motorcycle tire, tube and sealant were defective. Zucher’s complaint named Cheng Shin Rubber Industrial, Co., Ltd., the Taiwanese manufacturer of the tube. Cheng Shin then filed a cross-complaint against Asahi Metal Industry Co., Ltd., the manufacturer of the tube’s valve assembly. Asahi is a Japanese corporation that manufactures tire valve assemblies in Japan and sells them to Cheng Shin and others for use as components in finished tire tubes. Approximately 20 percent of Cheng Shin’s sales in the United States are in California. A manager of Cheng Shin submitted an affidavit alleging that Asahi was aware that parts were sold in the U.S. The president of Asahi submitted an affidavit alleging that Asahi never contemplated that they coul d be subject to suit in California through its sales of tire valves to Cheng Shin in Taiwan. Asahi moved to dismiss the suit against it for want of jurisdiction. California court denied the motion and the Supreme Court of the United States granted a writ of certiorari.
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