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DaimlerChrysler v Bauman Due Process

Benesch

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

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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

BakerHostetler

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

BakerHostetler on

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

Holland & Knight LLP

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

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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

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

Zuckerman Spaeder LLP

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

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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

Maron Marvel

Mr. Mallory Goes to Washington?

Maron Marvel on

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

Cozen O'Connor

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

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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

Nutter McClennen & Fish LLP

Communications were Insufficient Contacts to Exercise Personal Jurisdiction Over Out-of-State Auditors

In B. Bullen et al. v. CohnReznick LLP, investors in a defunct hedge fund sued CohnReznick, the outside auditor and accountant of the fund. The investors claimed, among other things, that CohnReznick had conspired with the...more

Foley & Lardner LLP

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

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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

Alston & Bird

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

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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

Nutter McClennen & Fish LLP

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

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

Cozen O'Connor

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

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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

Polsinelli

Delaware Supreme Court: No General Jurisdiction Over Non-Delaware Businesses Simply by Virtue of Registering to Do Business in...

Polsinelli on

Merely registering to do business in Delaware does not subject a non-Delaware company to the general jurisdiction of Delaware courts. In Genuine Parts Company v. Cepec, Delaware Supreme Court Chief Justice Leo E....more

Polsinelli

Illinois Asbestos Court Rules on Personal Jurisdiction in First Post-Daimler Decisions

Polsinelli on

In what is believed to be the Court’s first post-Daimler written decisions on the issue, Madison County, Illinois Judge Stephen A. Stobbs recently issued two decisions addressing whether the Court has personal jurisdiction...more

Orrick, Herrington & Sutcliffe LLP

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

Butler Snow LLP

Simplicity And Clarity In The Administration And Enforcement Of Jurisdictional Rules

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Jurisdictional rules are intended to be simple and thereby easy to administer and enforce. See Hertz Corp. v. Friend, 559 U.S. 77, 81, 94-95 (2010) (“[W]e place primary weight upon the need for judicial administration of a...more

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