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General Personal Jurisdiction in Aviation Cases After <i>Daimler</i>
In its 2014 landmark decision Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the U.S. Supreme Court held that a corporation is only subject to general jurisdiction when it has such constant and pervasive affiliations with the state where the suit is brought that it can be deemed “at home” in that state. The Supreme Court held that a corporation's “paradigm” homes are its place of incorporation and principal place of business and noted that “in an exceptional case” a corporation's operations elsewhere “may be so substantial and of such a nature as to render the corporation at home in that State.” Id. at 760-61 & n.19.
Daimler has had a profound effect on aviation cases because they usually involve multi-jurisdictional contacts. Aviation accidents often occur in fortuitous locations and involve plaintiffs and defendants from different states or nations. A typical case may involve a crash in one jurisdiction, a pilot from a second, passengers from a third, an aircraft maintenance outfit from a fourth and an aircraft manufacturer from a fifth. Even before Daimler, it was frequently impossible to join all defendants in one action, but post- Daimler aviation cases invariably require plaintiffs to file multiple “protective actions” to guard against jurisdictional dismissals.
Daimler has increased the complexity and costs of the typical aviation case and the risk that multiple defendants may not be subject to jurisdiction in a single forum or, in the case of foreign defendants, any U.S. jurisdiction.
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