Cox v. HP Inc.
Annotate this CaseThis case arose out of the explosion of a hydrogen generator at the campus of HP, Inc., which severely injured plaintiff William Cox. After Cox and his wife filed suit against HP in an Oregon court, HP brought a third-party claim against relator, TÜV Rheinland of North America, Inc (TÜV). HP alleged TÜV—a Delaware company that tests and certified products manufactured by others as conforming to established industry safety standards—had negligently certified the design of the generator at issue in this case. TÜV sought to dismiss HP’s claim against TÜV for lack of personal jurisdiction. The trial court denied the motion to dismiss, and TÜV sought an alternative writ of mandamus, which the Oregon Supreme Court allowed. There was no suggestion that TÜV had the kind of “continuous operations” within Oregon that were “so substantial and of such a nature” as to give rise to general personal jurisdiction. But there also was no dispute that TÜV had some contacts with Oregon that could support the exercise of specific personal jurisdiction over TÜV in some case. That posture focused the dispute in this case on the limits of what has been called the “relatedness” requirement of specific personal jurisdiction. The U.S. Supreme Court explored the requirement in Ford Motor Co. v. Montana Eighth Judicial Dist. Court, 141 S Ct 1017 (2021), ultimately concluding that Ford’s extensive activities in the forum states created a “relationship among the defendant, the forums, and the litigation” that was “close enough to support specific jurisdiction.” "The Oregon Court surmised the question in this case was whether there was a connection between TÜV’s Oregon activities and HP’s claim against TÜV that was sufficient to permit Oregon to exercise specific personal jurisdiction over TÜV. Under the specific facts of this case, the Oregon Court concluded Oregon lacked personal jurisdiction to resolve HP’s claim against TÜV. Accordingly, it issued a peremptory writ of mandamus directing the trial court to dismiss the claim against TÜV.
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