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General Jurisdiction After <i>Daimler AG v. Bauman</i>

By James H. Rotondo, John W. Cerreta and David W.S. Lieberman
June 01, 2016

Often, when patients are injured by pharmaceutical products, the plaintiff and the product's manufacturer are located in different jurisdictions, making jurisdictional questions the first issue to resolve when choosing where to file suit.

The Supreme Court's decision in Daimler AG v. Bauman, 134 S. Ct. 746 (2014), announced a sweeping change to the law of personal jurisdiction. The Daimler Court held that a corporate defendant is subject to general personal jurisdiction ' that over suits unrelated to the defendant's contacts with the forum ' only where the corporation may fairly be “regarded as at home,” which is generally limited to the defendant's state of incorporation and the state where it has its principal place of business. Id. at 760-61 & n.19. In announcing this strict standard, the Daimler Court rejected the rule, long applied by many lower courts, permitting the exercise of general jurisdiction in any forum where a corporate defendant maintained an office or was otherwise “doing business.” Id. at 761-62 & n.20.

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