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Civil Procedure Keyed to Cross
J. McIntyre Machinery, Ltd. v. Nicastro
Citation:
131 S. Ct. 2780, 564 U.S. 873 (2011)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Robert Nicastro seriously injured his hand while using a metal-shearing machine manufactured by J. McIntyre Machinery, Ltd., a company incorporated and operating in England. The accident occurred in New Jersey at Nicastro’s workplace, Curcio Scrap Metal. J. McIntyre had no office, property, or employees in New Jersey, and paid no taxes there. It sold its machines in the United States through an independent Ohio-based distributor, McIntyre Machinery America, Ltd., which was not under J. McIntyre’s control. J. McIntyre officials regularly attended trade shows in various U.S. cities (though never in New Jersey) to promote their products alongside their distributor. Only one J. McIntyre machine was sold in New Jersey – the machine that injured Nicastro. J. McIntyre held both U.S. and European patents on its recycling technology and structured its advertising and sales efforts to reach customers throughout the United States.
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