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General Jurisdiction DaimlerChrysler v Bauman

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

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

Rivkin Radler LLP

U.S. Supreme Court Diminishes Daimler and Upends Aybar

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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

ArentFox Schiff

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

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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

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

Goulston & Storrs PC

General Jurisdiction Trend Grows With NY High Court's Ruling

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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

Smith Gambrell Russell

New York’s Highest Court Limits Jurisdiction Over Foreign Companies

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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

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

Chartwell Law

Is Death By Registration in Pennsylvania Still the Norm?

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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

King & Spalding

New York Courts Continue to Reject Consent-By-Registration Theory of Personal Jurisdiction Post-Daimler

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On October 18, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Sae Han Sheet Co. v. Eastman Chemical Corp., the latest in a series of cases to examine whether an out-of-state corporation...more

Rumberger | Kirk

SCOTUS Limits Jurisdictions Where Corporations Can Be Sued

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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

Blank Rome LLP

Blank Rome Secures Precedential Opinion on Personal Jurisdiction in Dutch Run-Mays Draft V. Wolf Block

Blank Rome LLP on

On July 5, 2017, the Superior Court of New Jersey, Appellate Division, ruled in favor of our client WolfBlock LLP in the matter of Dutch Run-Mays Draft V. Wolf Block, making it the first published case in a New Jersey court...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,...

Cozen O'Connor on

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

A&O Shearman

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

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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

Ballard Spahr LLP

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

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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

Eversheds Sutherland (US) LLP

Supreme Court Affirms Strict Personal Jurisdiction Rules

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

K&L Gates LLP

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

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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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides BNSF Railway Co. v. Tyrrell

On May 30, 2017, the Supreme Court decided BNSF Railway Co. v. Tyrrell, No. 16-405, holding that § 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction and thus limiting the fora in which a...more

Locke Lord LLP

BNSF v. Tyrrell: Supreme Court Discourages Forum Shopping by Reaffirming Restrictive Daimler Test for General Jurisdiction

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The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert...more

King & Spalding

Courts Continue to Struggle with Jurisdiction by Consent

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Introduction - On January 26, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Famular v. Whirlpool Corp., a case addressing the circumstances in which an out-of-state corporation may...more

Hogan Lovells

The law of personal jurisdiction: A game changer for foreign banks involved in litigation in the U.S.

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Hogan Lovells partner Marc Gottridge is the co-head of our global financial services litigation practice. He represents some of the world's leading banks in major class actions, investigations, and commercial litigation in...more

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