"“The Court must periodically intervene in the perpetual battle between plaintiffs and corporations over personal jurisdiction, especially when one side has secured a competitive advantage. The time for such intervention has likely arrived.”
Emma is a resident of Billings, Montana, and she ordered the “Whitten 10-in-1, 8 Blade Onion Mincer, Chopper, Slicer, Cutter, Dicer, with Container” on Amazon. The product is a multifunctional kitchen tool that can chop, slice, cut, and dice your vegetable of choice. By pushing down on the container’s lid, the vegetable is forced through blades, resulting in perfectly cut vegetables. Via Amazon Prime, Emma received the gadget within twenty-four hours of ordering it. Once it arrived, she read the instructions and tested it on a yellow onion that she was using to make dinner. It appeared to work perfectly. So, she used a different sized blade insert on a clove of garlic. Again, it seemed to work perfectly. As she began to eat, she felt something sharp and tasted blood. She had just swallowed a part of a razor blade. The blade severely cut her mouth, throat, and intestines. She survived after several intensive surgeries." [..]
Lily S. Smith, Swimming Up the Stream of Commerce: How Plaintiffs in Products Liability Litigation are Disadvantaged by Current Personal Jurisdiction Doctrine, 56 U. Rich. L. Rev. Online 45 (2022).