MATT YAMASHITA V. LG CHEM, LTD., ET AL, No. 20-17512 (9th Cir. 2022)
Annotate this CaseThe Ninth Circuit certified the following questions to the Hawaii Supreme Court: 1. May a Hawaii court assert personal jurisdiction over an out-of-state corporate defendant if the plaintiff’s injury “relates to,” but does not “arise from,” the defendant’s instate acts enumerated in Hawaii’s general long-arm statute? Compare Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), with Haw. Rev. Stat. Section 634-35. 2. In light of Ford Motor Co. v. Montana Eighth Judicial District Court, does Hawaii’s general long-arm statute, Haw. Rev. Stat. Section 634-35, permit a Hawaii court to assert personal jurisdiction to the full extent permitted by the Due Process Clause of the Fourteenth Amendment?
Court Description: Hawaii Law. The panel certified the following questions to the Hawaii Supreme Court: 1. May a Hawaii court assert personal jurisdiction over an out-of-state corporate defendant if the plaintiff’s injury “relates to,” but does not “arise from,” the defendant’s in- state acts enumerated in Hawaii’s general long-arm statute? Compare Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct. 1017 (2021), with Haw. Rev. Stat. § 634-35. 2. In light of Ford Motor Co. v. Montana Eighth Judicial District Court, does Hawaii’s general long-arm statute, Haw. Rev. Stat. § 634-35, permit a Hawaii court to assert personal jurisdiction to the full extent YAMASHITA V. LG CHEM, LTD. 3 permitted by the Due Process Clause of the Fourteenth Amendment? Judge Miller dissented. He would not certify the questions to the state court because the questions are of the panel’s own devising and not raised by the parties, they are already answered by state-court precedent, and they will make no difference to the outcome of the case. He would instead affirm the district court’s judgment dismissing the case for lack of personal jurisdiction. 4 YAMASHITA V. LG CHEM, LTD.
The court issued a subsequent related opinion or order on March 6, 2023.
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