News & Analysis as of

State of Incorporation General Jurisdiction

Shearman & Sterling LLP

Supreme Court Holds That State Statute Requiring Out-Of-State Companies To Consent To General Personal Jurisdiction As A Condition...

On June 27, 2023, the Supreme Court of the United States held 5-4 that a Pennsylvania statute requiring an out-of-state company to submit to general personal jurisdiction within the Commonwealth when registering to do...more

MG+M The Law Firm

Potential Implications to Companies Nationwide Following US Supreme Court's Ruling that Expands General Jurisdiction in...

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On June 27, 2023 the United States Supreme Court issued its opinion in Mallory v. Norfolk Southern Railway Co., No. 21-1168 (2023) vacating the Pennsylvania Supreme Court’s decision, which held that it was a violation of the...more

Nutter McClennen & Fish LLP

In a Potential Sea Change for Business Litigation, U.S. Supreme Court Allows States To Compel Companies To Be Sued Where...

On June 27, the U.S. Supreme Court upheld a Pennsylvania law that requires companies to consent to being sued in its state courts as a condition of registering to do business there. In Mallory v. Norfolk Southern, the Court...more

Goodwin

You May Have Already Agreed to Be Sued in Pennsylvania and Georgia: The Supreme Court Makes Jurisdiction Easier For State-Court...

Goodwin on

The US Supreme Court has held that companies can be forced, as a condition of doing business in a state, to agree to be sued in that state’s courts — even if the lawsuit has nothing to do with that state. In its June 27,...more

Miller Canfield

Getting Sued in All the Wrong Places: Supreme Court Opens Door to Suits in Unrelated States

Miller Canfield on

Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you...more

BCLP

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

BCLP on

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

Fox Rothschild LLP

“Welcome to our State . . . and our Courts!”

Fox Rothschild LLP on

A new decision by the United States Supreme Court has greatly expanded the locations where corporations can be sued. Traditionally, corporations are considered to be citizens of the states in which they are incorporated or...more

Rivkin Radler LLP

U.S. Supreme Court Diminishes Daimler and Upends Aybar

Rivkin Radler LLP on

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

Allen Matkins

Supreme Court Issues Delaware A Reprieve Pennsylvania Railroad Case

Allen Matkins on

Last November, I questioned whether the Supreme Court's decision in Mallory v. Norfolk Southern Railway Co. would endanger Delaware's corporate hegemony.  The issue in that case was the constitutionality of Pennsylvania's...more

Adler Pollock & Sheehan P.C.

The Supreme Court Will Decide Whether States Can Require Consent to General Personal Jurisdiction as the Cost of Doing Business

The two most thrilling words to readers of legal blogs must be “personal jurisdiction.”  In the term that starts October 2022, the United States Supreme Court will consider a case that will determine the constitutionality of...more

Maron Marvel

Will Mallory Reopen the Floodgates of Litigation Across the Nation?

Maron Marvel on

A recent Pennsylvania Supreme Court decision, Mallory v. Norfolk Southern Railroad Co., presents the U.S. Supreme Court with an opportunity to reexamine its 2014 landmark ruling in Daimler. On April 25, 2022, the U.S. Supreme...more

White and Williams LLP

Where Can Your Company Be Sued? A 2022 Update on All Things Personal Jurisdiction

In 2021, thanks to the seventh “personal jurisdiction” opinion decided by the U.S. Supreme Court in just over a decade, as well as some state-based legal developments, we now have firm guidelines about where all types of...more

Goulston & Storrs PC

General Jurisdiction Trend Grows With NY High Court's Ruling

Goulston & Storrs PC on

Since the U.S. Supreme Court's 2014 landmark decision in Daimler AG v. Bauman, courts around the country have been reexamining their prior holdings addressing whether a company consents to personal jurisdiction solely by...more

Nutter McClennen & Fish LLP

Court Lacks Personal Jurisdiction Over Connecticut Corporation Incorporated After Its Owner Allegedly Committed Tortious Acts

In Renova Partners v. Michael Singer and Greenlight Development Partners, Judge Sanders granted Greenlight’s motion to dismiss for lack of personal jurisdiction because, among other things, Greenlight was “not even in...more

Ballard Spahr LLP

PA Federal Court Nixes Out-of-State Business Entities' Supposed “Consent” to General Personal Jurisdiction as Unconstitutional

Ballard Spahr LLP on

In a decision that should have a ripple effect in Pennsylvania state and federal courts, the U.S. District Court for the Eastern District of Pennsylvania held in a June 6, 2019, opinion that “the Pennsylvania statutory scheme...more

Blank Rome LLP

Strategically Leveraging the Personal Jurisdiction Requirement to Put the Brakes on Litigation Tourism & Forum Shopping

Blank Rome LLP on

I. Why It Matters - Until recently, personal jurisdiction over corporate defendants had been expanding significantly in scope through the reliance on tenuous corporate contacts or business conducted by a defendant in a...more

Sheppard Mullin Richter & Hampton LLP

Seeking to Allege General Jurisdiction in New York? Corporate Registration is Not Enough

In Kyowa Seni, Co., Ltd. v. ANA Aircraft Technics, Co., Ltd., Docket No. 650589/2017, 2018 WL 3321410 (N.Y. Sup. Ct. July 5, 2018), Justice Saliann Scarpulla of the New York County Commercial Division joined in a long line of...more

WilmerHale

Not At Home: Reining in General Personal Jurisdiction After BNSF Railway Co. v. Tyrrell

WilmerHale on

BNSF Railway Co. v. Tyrell redefined the contours of a court’s jurisdictional reach by effectively subjecting corporations to general personal jurisdiction only in those states where they are incorporated or have their...more

Polsinelli

Missouri Supreme Court Talc Decision Alters Landscape

Polsinelli on

On March 6, the Missouri Supreme Court declined to review the intermediate appellate court’s decision in Fox v. Johnson & Johnson, which vacated a $72 million talc verdict awarded in St. Louis City Court. ...more

Clark Hill PLC

SCOTUS Rules Out-of-State Plaintiffs’ Access to State Courts Limited by 14th Amendment

Clark Hill PLC on

In the recent decision, Bristol-Myers Squibb Company (BMS) v. Superior Court (2017) ___ US ____, the Supreme Court followed a string of recent decisions by further limiting out of state plaintiffs’ access to courts in...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Lathrop GPM

U.S. Supreme Court Limits Forums for Suits Against Corporations

Lathrop GPM on

Plaintiffs seeking damages typically choose to file suit in a state where the dispute or injury occurred, or in the state where the plaintiffs reside. Yet sometimes, plaintiffs may pick a state that has no such connection to...more

Troutman Pepper

BNSF v. Tyrrell: The Other International Shoe Has Dropped

Troutman Pepper on

The availability of any forum aside from a defendant's state of incorporation or principal place of business will require a plaintiff to carefully consider the likelihood of obtaining specific jurisdiction because there is...more

Perkins Coie

Supreme Court Continues Rule-based Refinement of Personal Jurisdiction

Perkins Coie on

On May 30, 2017, the U.S. Supreme Court handed down yet another personal jurisdiction opinion emphasizing clear rules as to when out-of-state defendants may be haled into court. While the decision in BNSF Railway Co. v....more

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