Sullivan v. LG Chem Ltd., No. 22-1203 (6th Cir. 2023)
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LG Chem manufactured the LG HG2 18650 lithium-ion batteries that exploded in Sullivan’s pocket and caused him severe second- and third-degree burns. Sullivan obtained the batteries from a vape store in Michigan to use for his e-cigarette device. In Sullivan’s suit, LG Chem, a South Korean company, opposed personal jurisdiction, arguing that exercising personal jurisdiction over it in Michigan would be improper under Michigan’s long-arm statute and the Due Process Clause. Limited discovery revealed that LG sent at least two shipments of 18650 batteries directly into Michigan and had executed “two supplier agreements . . . with Michigan companies relating to 18650 batteries.” Neither party addressed whether any of the 18650 batteries that LG shipped into Michigan was ultimately one of the batteries that injured Sullivan.
The Sixth Circuit reversed the dismissal of the suit. LG urged too narrow a view of personal jurisdiction. The Michigan district court may properly exercise personal jurisdiction over LG because it directly shipped its 18650 batteries into the state and entered into two supplier contracts with Michigan companies for 18650 batteries. The court noted that other courts have exercised personal jurisdiction over LG when LG conducts business related to its 18650 batteries in or ships its 18650 batteries into the forum state.
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