CMMC v. Salinas’s Empirical Analysis
1996
Citation profile
41 state decisions
How this case has been cited
Cited by 42 later decisions — most recently February 2019 · most notably Michiana Easy Livin' Country, Inc. v. Holten (2005), Dawson-Austin v. Austin (1998)
41 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 3rd District (Austin))
Relationships
Relies on International Shoe Co. v. Washington · Burger King Corporation v. Rudzewicz · World-Wide Volkswagen Corp. v. Woodson · Helicopteros Nacionales De Colombia, S. A. v. Hall · Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he placement of a product into the stream of commerce, without more, is not an act of the defendant purposefully directed toward the forum state. Additional conduct of the defendant may indicate an intent or purpose to serve the market in the forum State, for example, designing the product for the market in the forum State, advertising in the forum State, establishing channels for providing regular advice to customers in the forum State, or marketing the product through a distributor who has agreed to serve as the sales agent in the forum State. But a defendant’s awareness that the stream of commerce may or will sweep the product into the forum State does not convert the mere act of placing the product into the stream into an act purposefully directed toward the forum State.”
5 later decisions quote this exact passage · from the majority“[t]his evidence simply does not show that CMMC designed products for use in Texas, or that it made any effort to market them here, or that it took any other action to purposefully avail itself of this market. Even Justice Brennan’s view of the stream-of-commerce doctrine would not allow jurisdiction absent a “regular and anticipated flow of products from manufacture to distribution to retail sale.” There is no flow of products from CMMC to Texas; there is scarcely a dribble.”
5 later decisions quote this exact passage · from the concurrence“I see no need for [a showing of additional conduct directed toward the forum]. The stream of commerce refers not to unpredictable currents or eddies, but to the regular and anticipated flow of products from manufacture to distribution to retail sale. As long as a participant in this process is aware that the final product is being marketed in the forum State, the possibility of a lawsuit there cannot come as a surprise. Nor will the litigation present a burden for which there is no corresponding benefit. A defendant who has placed goods in the stream of commerce benefits economically from the retail sale of the final product in the forum State, and indirectly benefits from the State’s laws that regulate and facilitate commercial activity. These benefits accrue regardless of whether that participant directly conducts business in the forum State, or engages in additional conduct directed toward that State.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.