In 2011, the U.S. Supreme Court ruled on the issue of personal jurisdiction over alien corporations in products liability cases. J. McIntyre Machinery, Ltd. v. Nicastro was the Court’s first statement on the issue in twenty-four years. The opinion, handed down almost ten years after the injury that gave rise to the litigation, could not command a majority of the Justices. Writing for a plurality, Justice Kennedy set forth a strict standard that required that a manufacturer’s products be specifically targeted at a given forum state for jurisdiction to be proper.

This Note argues that, while Kennedy’s opinion did not necessarily violate the letter of jurisdictional doctrine—for in reality, there is no discernible letter—it violated the spirit. In analyzing the origins, development, and application of personal jurisdiction over the centuries, this Note concludes that the current palette of jurisdictional tests is not sufficient to meet the demands of fairness in cases like Nicastro. Using simple tort concepts as analogues, this Note advances a new test capable of doing justice without violating due process.