Federal Case

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that a manufacturer cannot insulate itself from suit merely by using an independent national distributor to market its products
• permitting Kentucky to exercise personal jurisdiction over Netherlands drug manufacturer, which sought Federal Drug Administration approval for drug and, through American distributor, “made a deliberate decision to market [the drug] in all 50 states, including Kentucky”
• “The problems associated with preterm delivery 2 are numerous: low birth weight, birth defects, respiratory distress syndrome, high infant 3 morbidity and mortality, etc.”
• “[The defendant] cannot expect to rely solely on the use of an independent distributor to insulate it from suit.”
• personal jurisdiction appropriate because the defendant “made a -3- No. 09-3062 Palnik v. Westlake Entertainment, Inc., et al. deliberate decision to market [its product] in all 50 states . . . .”

Source: CourtListener parenthetical corpus (CC0).