Cirrus Design Corp. v. Berra, 633 S.W.3d 640 (Tex. App.—San Antonio 2021, no pet.)

Affirming trial court’s order denying special appearance by an aircraft manufacturer in a wrongful death products liability case. The plaintiff’s husband was killed when his aircraft crashed in Bexar County. The Minnesota-based aircraft manufacturer challenged the court’s exercise of specific personal jurisdiction, arguing that the manufacturer lacked the necessary minimum contacts with Texas because the plaintiff’s claims did not arise from or relate to any purposeful activity it conducted in Texas. The Court of Appeals, citing the recent U.S. Supreme Court decision, Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., and the recent Texas Supreme Court decision, Luciano v. SprayFoamPolymers.com, LLC, rejected the aircraft manufacturer’s arguments and held that the the exercise of specific personal jurisdiction was proper.

Rosalind Bienvenu, Partner