CASELAW REVIEW: Evolution of General Jurisdiction Rules in the Years Since Daimler AG v. Bauman

Armin Kaiser, a member of the New York State Bar Association’s Committee on Federal Procedure is one of the principal authors of the Committee’s newest Report titled “Evolution of General Jurisdiction Rules in the Years Since Daimler AG v. Bauman” published in the Fall 2017 edition of the NYSBA’s NYLitigator.

The Report discusses the implementation and application of the “essentially at home” standard for general jurisdiction as formulated by the US Supreme Court in Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011) and Daimler AG v. Bauman, 134 S. Ct. 746 (2014). In particular, the Report addresses four questions left unanswered by Goodyear and Daimler : (1) whether a corporation can be “essentially at home” and subject to general jurisdiction in a forum other than its principal place of business or state of incorporation; (2) whether the “doing business” doctrine of general jurisdiction remains viable; (3) whether “tag” or “transient” jurisdiction remains a viable basis for general jurisdiction over a natural person; and (4) whether general jurisdiction can be exercised based on a corporation’s registration to do business and the appointment of an agent for service of process within a state outside its home jurisdiction.

The Report can be downloaded here.[1]

1 Printed with permission from: NY Litigator, Fall 2017, Vol. 22, No. 2, published by the New York State Bar Association, One Elk Street, Albany, New York 12207