News & Analysis as of September 21, 2024

Supreme Court of the United States › DaimlerChrysler v Bauman

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

Benesch on 9/18/2023

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more

Corporate Consent Jurisdiction and the Supreme Court's Landmark Mallory Decision

BakerHostetler on 7/18/2023

The Supreme Court has significantly expanded the possible grounds for personal jurisdiction against corporations, upholding Pennsylvania’s statute requiring foreign businesses registered in the Commonwealth to consent to...more

U.S. Supreme Court Rejects Challenge to Registration Statute Requiring Consent to Jurisdiction

Holland & Knight LLP on 6/29/2023

In Mallory v. Norfolk Southern Railway Co., Robert Mallory (a Virginia resident) sued his former employer, Norfolk Southern (a Virginia-based railroad), over his alleged exposure to toxic chemicals while working for Norfolk...more

Does the Supreme Court’s Extensive Personal Jurisdiction Jurisprudence Risk Going Off the Rails?

BCLP on 6/29/2023

The Supreme Court held that a corporation can be subject to personal jurisdiction in a state in which it has registered to do business—solely on that basis, and regardless of the extent of its operations in that state. ...more

U.S. Supreme Court Diminishes Daimler and Upends Aybar

Rivkin Radler LLP on 6/29/2023

Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or...more

Mallory Argument: Plaintiff Seeks To “Change The Jurisdictional Landscape”

King & Spalding on 11/14/2022

A Virginia resident sued a Virginia company headquartered in Virginia over events that occurred in Virginia. And he filed his lawsuit in…… Pennsylvania. The Court heard argument earlier this week in Mallory v. Norfolk...more

Shoe on the Other Foot? Why International Shoe May No Longer Be the Litmus Test for General Jurisdiction (Part One)

ArentFox Schiff on 9/21/2022

In its upcoming October 2022 Term, the US Supreme Court is set to take up a challenge to how states are permitted to exercise jurisdiction over corporations. Mallory v. Norfolk Southern Railway Co., No. 21-1168, offers the...more

Supreme Court Poised to Resolve Personal Jurisdiction-by-Consent Issue

Zuckerman Spaeder LLP on 9/9/2022

The Supreme Court is scheduled to hear argument on November 8 in Mallory v. Norfolk Southern Railway Co., 21-1168, and it appears ready to resolve a longstanding issue that has divided lower courts. That issue is whether it...more

Mr. Mallory Goes to Washington?

Maron Marvel on 5/13/2022

It would not be surprising to find Mallory v. Norfolk Southern Railway Co. become mandatory class material across law schools in the future. The case presents a thought-provoking discussion of specific and general...more

New York’s Highest Court Limits Jurisdiction Over Foreign Companies

Smith Gambrell Russell on 10/13/2021

Foreign companies wishing to do business in New York are generally familiar with the requirement that, under New York Business Corporation Law (the BCL), a foreign corporation must obtain authorization to do so. If such a...more

District of New Jersey Jettisons Third Circuit’s Causation Requirement for Personal Jurisdiction in Wake of Supreme Court’s Ford...

King & Spalding on 6/7/2021

On May 11, 2021, Judge Kevin McNulty of the District of New Jersey issued an order applying the Supreme Court’s recent personal jurisdiction decision in Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct....more

Affirming Dismissal of AirAsia Lawsuit, D.C. Circuit Court Overrules Prior Decisions Allowing Personal Jurisdiction Based on...

Pillsbury Winthrop Shaw Pittman LLP on 2/1/2021

In affirming the dismissal of a lawsuit against Pillsbury’s client, AirAsia, the D.C. Circuit overruled its prior precedent that a company’s website could be sufficient to support general jurisdiction. A company’s internet...more

Supreme Court to Hear Specific Personal Jurisdiction Product Cases That Caused Harm in Forum States

Cozen O'Connor on 2/3/2020

Recently, the U.S. Supreme Court agreed to hear a manufacturer’s challenge to two state supreme court decisions (Minnesota and Montana) that allowed plaintiffs to bring product defect suits in states where the manufacturer...more

Is Death By Registration in Pennsylvania Still the Norm?

Chartwell Law on 8/28/2019

With certain jurisdictions within Pennsylvania being considered highly favorable to plaintiffs, claimants and their counsel often go to great lengths to have suit brought in Pennsylvania. Any long-time litigation...more

Personal Jurisdiction Defense Gaining Traction in Mass Tort Litigation

Miles & Stockbridge P.C. on 11/16/2017

For the past several years the United States Supreme Court has sought to clarify the proper exercise of specific personal jurisdiction over foreign corporate defendants. This issue is particularly applicable in mass tort...more

SCOTUS Limits Jurisdictions Where Corporations Can Be Sued

Rumberger | Kirk on 10/26/2017

With its recent opinion in BNSF Railway Co. v. Tyrrell, the United States Supreme Court reaffirmed the strong position that it took in Daimler AG v. Bauman with respect to general jurisdiction, leaving no doubt that a...more

The Supreme Court Gets “Specific” on Jurisdiction

Cozen O'Connor on 7/26/2017

For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction...more

Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

Foley & Lardner LLP on 7/26/2017

As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more

U.S. Supreme Court Decisions Curb Forum Shopping in State Courts

Alston & Bird on 7/6/2017

In its two recent 8–1 decisions, BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California, the U.S. Supreme Court doubled down on its 2014 landmark personal jurisdiction ruling in Daimler AG v....more

U.S. Supreme Court Reins in Attempts to Expand Jurisdiction

Nutter McClennen & Fish LLP on 6/27/2017

This past Monday, the U.S. Supreme Court drastically changed the landscape of mass tort litigation. In Bristol-Myers Squibb Co. v. Superior Court of California, the Court found that the State of California did not have...more

Supreme Court Solidifies Specific Jurisdiction Analysis To Dismiss Product Claims Filed Against Non-Resident Defendant,...

Cozen O'Connor on 6/26/2017

Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of California. ...more

United States Supreme Court Clarifies Scope of Specific Personal Jurisdiction in State Court

A&O Shearman on 6/22/2017

On Monday, June 19, 2017, the Supreme Court clarified the limits of specific personal jurisdiction in state courts, holding that a connection between a defendant’s contacts with the forum and the claims at issue remains...more

Daimler Here to Stay: SCOTUS Overturns California Court’s Exercise of Jurisdiction Over Out-of-State Plaintiffs

Ballard Spahr LLP on 6/21/2017

Following on the heels of BNSF Railway Company v. Tyrrell last month, the Supreme Court, by an 8-1 margin in Bristol-Myers Squibb v. Superior Court of California, has reaffirmed the jurisdictional holding of its 2014 Daimler...more

Supreme Court Affirms Strict Personal Jurisdiction Rules

Eversheds Sutherland (US) LLP on 6/8/2017

On May 30, 2017, the U.S. Supreme Court ruled in favor of corporations in a personal jurisdiction decision, limiting the number of places where they can be sued. In BNSF Railway Co. v. Tyrrell, an 8-1 decision authored by...more

There’s No Place Like Home: The U.S. Supreme Court Emphasizes the Constitutional Limits on Personal Jurisdiction and Constrains...

K&L Gates LLP on 6/6/2017

Almost any business whose products or services reach customers in multiple states knows that there are some jurisdictions thought to be friendlier to plaintiffs. Plaintiffs’ lawyers know about those jurisdictions too, and...more

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Supreme Court of the United States › DaimlerChrysler v Bauman

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