Feeding the stream-of-commerce test

In Feed Energy Co. v. Rodriguez, the Fifth Court addressed whether Texas courts could exercise personal jurisdiction over an out-of-state feed manufacturer whose product ultimately ended up in Texas and allegedly caused injury.

The Court emphasized that, under the “stream-of-commerce-plus” test, it is not enough for a defendant to foresee that its products might end up in Texas; rather, there must be evidence that the defendant specifically intended to serve the Texas market.

The Court found that the feed manufacturer’s actions—such as obtaining a Texas feed license, paying inspection fees, and knowing that some products might end up in Texas—did not amount to purposeful availment of the Texas market. The decision to ship the product to Texas was made unilaterally by a third party after the sale was completed in Iowa, and the manufacturer had no control over the product’s final destination. No. 05-24-01121-CV, July 11, 2025 (mem. op.)