Attorney General Becerra Files Brief in the U.S. Supreme Court in Support of Citizens’ Right to Bring Cases Against Out-of-State Corporations

SACRAMENTO – California Attorney General Xavier Becerra, as part of a bipartisan coalition of 40 attorneys general, filed an amicus brief in the U.S. Supreme Court in support of citizens’ rights to bring cases against out-of-state corporations for harm suffered within state borders. The consolidated cases of Ford v. Bandemer and Ford v. Montana Eighth Judicial District arise from lawsuits that residents of Montana and Minnesota brought against Ford Motor Company after allegedly defective vehicles led to serious crashes in those states. In the amicus brief, the coalition supports the plaintiffs in these cases and urges the U.S. Supreme Court to uphold the decisions of the Supreme Courts of Minnesota and Montana, which affirm that courts in the plaintiffs' home states have jurisdiction in these types of cases. 

“This is just another example of a big corporation trying to work the system to avoid responsibility,” said Attorney General Becerra. “Just because you’re headquartered out-of-state does not mean we can’t hold you accountable for the damages you do to our people. At the California Department of Justice, we fight every day to protect Californians and safeguard their legal rights. We urge the Supreme Court to affirm the ability of citizens and state attorneys general to bring companies to justice in the places where they’ve caused harm.”  

In Ford v. Bandemer and Ford v. Montana Eighth Judicial District, plaintiffs brought lawsuits against Ford alleging that defective Ford vehicles led to serious crashes. Ford sought to have the cases dismissed on the grounds that the state courts lacked jurisdiction over the corporation because the particular vehicles had originally been purchased in other states before being driven to Montana and Minnesota, despite selling the exact same car models involved in the crashes in those states. The Montana and Minnesota state supreme courts disagreed, and Ford sought review of those decisions by the U.S. Supreme Court.

In the brief, the coalition argues that under these circumstances, the plaintiffs should be able to seek relief in the state where they were harmed, regardless of the fact that the specific vehicles were originally sold in other states. The coalition highlights that Ford’s proposed test for personal jurisdiction could be used to curtail the ability of state attorneys general to protect their citizens and hold corporations accountable for harms caused within their states’ borders.

In filing the amicus brief, Attorney General Becerra joins the attorneys general of Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and the District of Columbia.

A copy of the amicus brief can be found here.