United States: Post-BMS Personal Jurisdiction Cheat Sheet

Last Updated: July 31 2017
Article by James Beck

In the wake of the defense wins during the last Supreme Court term in Bristol-Myers Squibb Co. v. Superior Court, 137 S.Ct. 1773 (2017) ("BMS"), and BNSF Ry. Co. v. Tyrell, 137 S. Ct. 1549 (2017), we're retiring the personal jurisdiction cheat sheet we had been maintaining for the last three-plus years since Daimler AG v. Bauman, 134 S.Ct. 746 (2014) ("Bauman"). That cheat sheet, as our readers know, had covered general jurisdiction cases generally – all areas, not just prescription medical product liability, or product liability generally. That was a big undertaking, but we did it because litigation tourism was, and remains, a huge issue for our clients. Now we think that, between them, BMS, BNSF, and Bauman have now settled the larger general jurisdiction point.

So we think we can be more focused going forward in our ongoing monitoring of personal jurisdiction cases. So we're creating a new cheat sheet devoted to a couple of specific lingering issues. The first of these issues is the so-called (at least by us) "jurisdiction by consent" theory – that general personal jurisdiction is created in a state when a corporation registers to do business/appoints an agent for service of process in a state. Since all states have such registration statutes, recognition of that theory would do what the United States Supreme Court has now held multiple times that Due Process prohibits – allowing a corporation to be sued in many jurisdictions where it is not "at home" by anybody, in particular out-of state litigation tourists. Not surprisingly, since Bauman most courts have rejected this theory (as the cases below demonstrate) as incompatible with Due Process, but since the Supreme Court has not put a stake through itself, plaintiffs still raise it relatively frequently.

Almost all of the older – that is to say, pre-BMS − decisions in this new cheat sheet address jurisdiction by consent theories. We were keeping specific track of jurisdiction by consent cases in our original cheat sheet, so we've pulled out those cases and compiled them here.

Another reason for keeping track of jurisdiction by consent cases is that we litigate a lot in Pennsylvania, and we expect Pennsylvania to be Ground Zero for the battle over this theory. An unfortunate combination – Pennsylvania's unique registration statute (42 Pa. C.S.A. §5301) that actually specifies "general" jurisdiction, and adverse pre-Bauman Third Circuit precedent interpreting Pennsylvania law (Bane v. Netlink, Inc., 925 F.2d 637, 640-41 (3d Cir. 1991)) – have led some Pennsylvania courts to ignore constitutional Due Process as interpreted by BMS and Bauman and hold mandatory registration to do business in Pennsylvania somehow to equate with "consent" to general jurisdiction. E.g., Plumbers' Local Union No. 690 Health Plan v. Apotex Corp., 2017 WL 3129147, at *11 (E.D. Pa. July 24, 2017); Hegna v. Smitty's Supply, Inc., 2017 WL 2563231, at *3-4 (E.D. Pa. June 13, 2017); Bors v. Johnson & Johnson, 208 F. Supp.3d 648, 653–55 (E.D. Pa. 2016).

Surely, most Pennsylvania lawyers and judges learned in law school like we did that a state statute can't override federal constitutional Due Process guarantees, but the litigation tourism industry in Pennsylvania is entrenched and well-funded. Given that that most of plaintiffs' other favorite jurisdictions: California, Illinois, Missouri, and New Jersey, to name a few (see below for details), do not recognize jurisdiction by consent as a matter of state law, we expect to have a ring-side seat as the consent issue is eventually appealed, perhaps interlocutorily, from some Pennsylvania court all the way to the United States Supreme Court if necessary.

The second jurisdictional theory we'll be keeping track of in this cheat sheet is what we call "BMS-lite." This is a litigation tourist's last gasp in jurisdictions, such as those listed below, that have already rejected jurisdiction by consent. BMS-lite is the variant of specific jurisdiction based on corporate activities related, not to any plaintiff's case, but to the product in general, that plaintiffs will argue somehow "caused" their injuries in a broad sense and thus justifies opening the courthouse doors in multiple states to litigation tourists. We discussed an early example of that recently, and the theory's most notable exemplar, M.M. v. GlaxoSmithKline LLC, 61 N.E.3d 1026 (Ill. App. 2016), is currently pending on certiorari before the Supreme Court. See GlaxoSmithKline LLC v. M.M., No. 16-1171 (U.S. filed March 23, 2017). M.M. (and the post-BMS case we discussed) predicated "specific" jurisdiction on the very non-specific fact that some of the drug's clinical trials (17 of 361) included in-state investigators. And, as the certiorari petition states, only "three percent of the study sites in those 17 trials were in [the state], involving a mere two percent of the study participants." Petition at 9. This petition has been distributed for the Supreme Court's 9/25/17 conference, so M.M could be vacated or reversed sometime this fall.

The type of facts that M.M. seized upon to preserve Illinois' litigation tourism business don't involve the plaintiffs, so "a defendant's relationship with a third party, standing alone, is an insufficient basis for jurisdiction." BMS, 137 S. Ct. at 1781 (citation and quotation marks omitted). Short of a major causal tie – such as the product being manufactured in the forum state in a manufacturing defect case – we don't think BMS-lite theories are of any greater constitutional validity than what was rejected in BMS itself, so we'll also be collecting favorable cases that make such holdings. But so far, given how recent BMS is, we haven't seen any favorable cases. We expect them to be coming.

As always, with cheat sheets, we don't do the other side's research for them, so we won't be including any bad cases.

With all this in mind, here is our Post-BMS Personal Jurisdiction Cheat Sheet:

  1. Byham v. Nationall Cibo House Corp., 143 S.E.2d 225 (N.C. 1965) (North Carolina) (non-product liability). Denial of motion to dismiss affirmed on specific jurisdiction grounds. The casual presence of an agent for service of process is not enough to subject a corporation to suit on causes of action unconnected with the activities within the state.
  2. Ratliff v. Cooper Laboratories, Inc., 444 F.2d 745 (4th Cir. June 29, 1971) (South Carolina) (prescription medical product liability). Denial of motion to dismiss reversed. Application to do business and the appointment of an agent for service does not establish general personal jurisdiction.
  3. In re Mid-Atlantic Toyota Antitrust Litigation, 525 F. Supp. 1265 (D. Md. Oct. 14, 1981) (West Virginia) (non-product liability). Motion to dismiss granted. Registration to do business is not consent to general personal jurisdiction. Modified on other grounds, 541 F. Supp. 62; affirmed on other grounds, 704 F.2d 125.
  4. Pearrow v. National Life & Accident Insurance Co., 703 F.2d 1067, 1069 (8th Cir. 1983) (Arkansas) (non-product liability). Grant of motion to dismiss affirmed. Appointment of an agent for service of process does not create general personal jurisdiction.
  5. Gray Line Tours v. Reynolds Electrical & Engineering Co., 238 Cal. Rptr. 419, 421 (Cal. App. June 5. 1987) (California) (non-product liability). Grant of motion to dismiss affirmed. Designation of an agent for service of process and qualification to do business in California alone was not consent to general jurisdiction.
  6. Goodyear Tire & Rubber Co. v. Ruby, 540 A.2d 482 (Md. 1988) (Maryland) (non-product liability). Denial of motion to dismiss reversed. Agent for service of process insufficient to permit general jurisdiction.
  7. Sandstrom v. ChemLawn Corp., 904 F.2d 83 (1st Cir. May 17, 1990) (Maine) (product liability – non drug/device). Grant of motion to dismiss affirmed. Corporation that was licensed to do business in forum and had appointed agent for service of process did not consent to general personal jurisdiction.
  8. Wilson v. Humphreys (Cayman) Ltd., 916 F.2d 1239 (7th Cir. Oct. 24, 1990) (Indiana) (non-product liability). Denial of motion to dismiss remanded. Registration to do business alone is not a basis for general personal jurisdiction.
  9. Wenche Siemer v. Learjet Acquisition Corp., 966 F.2d 179 (5th Cir. July 17, 1992) (Texas) (product liability – non drug/device). Grant of motion to dismiss affirmed. Registration to do business and appointment of agent for service of process is not consent to general personal jurisdiction.
  10. Leonard v. USA Petroleum Corp., 829 F. Supp. 882 (S.D. Tex. Aug. 17, 1993) (Texas) (non-product liability). Motion to dismiss granted. Registration to do business was not automatic consent to general personal jurisdiction.
  11. Arkwright Mutual Insurance Co. v. Transportes de Nuevo Laredo, 879 F.Supp. 699 (S.D. Tex. Aug. 31, 1994) (Texas) (non-product liability). Motion to dismiss granted. A certificate to do business does not create general personal jurisdiction.
  12. Samuelson v. Honeywell, 863 F. Supp. 1503 (E.D. Okla. Aug. 31, 1994) (Oklahoma) (non-product liability). Motion to dismiss granted. General personal jurisdiction could not be asserted over corporation based on its registration to do business.
  13. Washington Equipment Manufacturing Co. v. Concrete Placing Co., 931 P.2d 170 (Wash App. Feb. 13, 1997) (Washington) (non-product liability). Grant of motion to dismiss affirmed. That foreign corporation had registered to do business and appointed agent in state did not confer general personal jurisdiction.
  14. Sofrar, S.A. v. Graham Engineering Corp., 35 F. Supp.2d 919 (S.D. Fla. Feb. 5, 1999) (Florida) (non-product liability). Motion to dismiss granted. Appointment of an agent for service of process and registration to do business were insufficient to create general personal jurisdiction.
  15. Allied Carriers Exchange, Inc. v. All. Shippers, Inc., 1999 WL 35363796, at *3 (D. Colo. Sept. 22, 1999) (Colorado) (non-product liability). Transfer granted. Appointment of a registered agent does not necessarily subject a foreign corporation to general jurisdiction.
  16. Freeman v. Second Judicial District, 1 P.3d 963 (Nev. June 9, 2000) (Nevada) (non-product liability). Mandamus from grant of motion to dismiss denied. The mere act of appointing an agent to receive service of process does not subject a non-resident corporation to general jurisdiction.
  17. Consolidated Development Corp. v. Sherritt, Inc., 216 F.3d 1286 (11th Cir. July 5, 2000) (federal law) (non-product liability). Grant of motion to dismiss affirmed. On a federal claim, the casual presence of a corporate agent for service of process anywhere in the United States is not enough to subject an overseas corporation to general personal jurisdiction.
  18. DVI, Inc. v. Superior Court, 128 Cal. Rptr.2d 683 (Cal. App. Dec. 24, 2002) (California) (non-product liability). Mandamus granted, reversing denial of motion to dismiss. Designation of an agent for service of process and qualification to do business alone are insufficient to permit general jurisdiction.
  19. Tyler v. Gaines Motor Lines, Inc., 245 F. Supp.2d 730 (D. Md. Jan. 30, 2003) (Maryland) (non-product liability). Transfer granted. Having a registered agent for service of process is not consent to general personal jurisdiction.
  20. Reynolds & Reynolds Holdings, Inc. v. Data Supplies, Inc., 301 F. Supp.2d 545 (E.D. Va. Feb. 5, 2004) (Virginia) (non-product liability). Motion to dismiss granted. Complying with registration statutes and appointing an agent for service of process do not amount to consent to general personal jurisdiction.
  21. Norfolk Southern Railway Co. v. Burlington Northern, 2005 WL 1363210 (S.D. Miss. June 2, 2005) (Mississippi) (non-product liability). Motion to dismiss tentatively granted, pending jurisdictional discovery. Registration to do business and appointment of agent for service of process is not consent to general personal jurisdiction.
  22. DNH, LLC v. In-N-Out Burgers, 381 F .Supp.2d 559 (E.D. La. June 24, 2005) (Louisiana) (non-product liability). Motion to dismiss granted. Qualifying to do business in a state and appointing an agent for service of process there do not amount to a general business presence that could sustain general personal jurisdiction.
  23. Bray v. Fresenius Medical Care Aktiengesellschaft Inc., 2007 WL 7366260 (N.D. Ill. Aug. 30, 2007) (Illinois) (prescription medical product liability). Motion to dismiss granted. Registration to do business and appointment of agent for service of process is does not alone support general personal jurisdiction.
  24. Keston v. FirstCollect, Inc., 523 F. Supp.2d 1348 (S.D. Fla. Oct. 31, 2007) (Florida) (non-product liability). Motion to dismiss granted. Presence of a corporate agent for service of process and a license to do business in a state are not enough to support general personal jurisdiction.
  25. Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd., 511 F.3d 437 (4th Cir. Dec. 27, 2007) (Virginia) (non-product liability). Quashing of subpoena affirmed. Appointment of an agent for service of process is a contact so minimal that it cannot render a company subject to any form of personal jurisdiction consistent with Due Process principles.
  26. Miller v. Robertson, 2008 WL 270761 (D. Utah Jan. 29, 2008) (Utah) (non-product liability). Motion to dismiss granted. Appointment of an agent for process and registration to do business do not create general personal jurisdiction.
  27. North American Catholic Education Programming Foundation, Inc. v. Cardinale, 567 F.3d 8 (1st Cir. May 19, 2009) (Rhode Island) (non-product liability). Motion to dismiss affirmed. Appointment of an agent of process alone does not suffice to allow for the exercise of general jurisdiction.
  28. Ayers v. Tanami Trading Corp., 2009 WL 1362402 (D. Utah May 14, 2009) (Utah) (non-product liability). Motion to dismiss denied on other grounds. Designation of an agent for service of process is insufficient to permit general jurisdiction.
  29. Continental First Federal, Inc. v. Watson Quality Ford, Inc., 2009 WL 2032401 (M.D. Tenn. July 9, 2009) (Mississippi). Transfer denied. Registering to do business and appointing an in-state agent for service of process do not establish general personal jurisdiction, so the matter cannot be transferred.
  30. Viko v. World Vision, Inc., 2009 WL 2230919 (D. Vt. July 24, 2009) (Vermont) (non-product liability). Transfer granted. A defendant foreign corporation's registered agent does not, by itself, confer general personal jurisdiction over the defendant.
  31. Advanced Datacomm Testing Corp. v. PDIO, Inc., 2009 WL 2477559 (D. Md. Aug. 11, 2009) (Maryland) (non-product liability). Transfer granted. Registration to do business and appointment of an agent for service of process do not create general personal jurisdiction.
  32. Cossaboon v. Maine Medical Center, 600 F.3d 25 (1st Cir. 2010) (New Hampshire) (non-product liability). Dismissal for lack of personal jurisdiction affirmed. Registration to do business alone is an insufficient basis on which to assert personal jurisdiction.
  33. Gallaher v. KBR, Inc., 2010 WL 2901626 (N.D.W. Va. July 21, 2010) (West Virginia) (non-product liability). Motion to dismiss granted. Registration to do business and having an agent for service of process are not sufficient to establish general personal jurisdiction.
  34. Harrington v. C.H. Nickerson & Co., 2010 WL 3385034 (D.R.I. Aug. 25, 2010) (Rhode Island (non-product liability). In light of constitutional limitations on personal jurisdiction, registration to do business and appointment of an agent for service of process do not constitute consent to general jurisdiction.
  35. King v. American Family Mutual Insurance Co., 632 F.3d 570 (9th Cir. Jan. 31, 2011) (Montana) (non-product liability). Grant of motion to dismiss affirmed. Appointment of an agent for service of process does not, standing alone, create general personal jurisdiction in the absence of causal connection to the state.
  36. Crochet v. Wal-Mart Stores, Inc., 2012 WL 489204 (W.D. La. Feb. 13, 2012) (Louisiana) (non-product liability). Motion to dismiss granted. Appointment of an agent for service of process and registration to do business within the state is insufficient to create general personal jurisdiction.
  37. Kuennen v. Stryker Corp., 2013 WL 5873277 (W.D. Va. Oct. 30, 2013) (District of Columbia) (prescription medical product liability). Summary judgment granted. A business certificate and appointed agent are not independent support for general jurisdiction.
  38. Louisiana Limestone & Logistics, LLC v. Granite Group International, Inc., 2014 WL 1217956 (W.D. La. Feb. 28, 2014) (Louisiana) (non-product liability). Motion to dismiss granted. Presence of the registered agent and registered business office alone is insufficient to support the exercise of general jurisdiction.
  39. Robinson v. Knight Protective Service, Inc., 2014 WL 1326096 (S.D. Miss. March 31, 2014) (Mississippi) (non-product liability). Motion to dismiss granted. Registration to do business and appointment of agent for service of process is not consent to general personal jurisdiction.
  40. Brown v. CBS Corp., 19 F. Supp.3d 390 (D. Conn. May 14, 2014) (Connecticut) (product liability – non drug/device). Asbestos motion to dismiss granted. Corporate registration/agent for service of process insufficient consent to justify jurisdiction after Bauman. Affirmed 2/19/16 see below.
  41. Gliklad v. Bank Hapoalim B.M., 2014 WL 3899209 (N.Y. Sup. Aug. 4, 2014) (New York) (non-product liability). Motion to dismiss granted. Rejecting jurisdiction through consent by service on registered agent.
  42. Chambers v. Weinstein, 2014 WL 4276910, 997 N.Y.S.2d 668 (table) (N.Y. Sup. Aug. 22, 2014) (New York) (non-product liability). Motion to dismiss granted. Severance granted. No jurisdiction on the basis of consent by registration of agent in-state.
  43. Recao v. Bell Helicopter Textron, Inc., 2014 WL 12595302 (S.D. Fla. Sept. 23, 2014) (Florida) (product liability – non drug/device). Motion to dismiss granted. Registration to do business and having a registered agent is insufficient to create general personal jurisdiction.
  44. Sullivan v. Sony Music Entertainment, 2014 WL 5473142 (N.D. Ill. Oct. 29, 2014) (Illinois) (non-product liability). Motion to dismiss granted. Registration to do business and having agent for service of process is not consent to general jurisdiction.
  45. AstraZeneca AB v. Mylan Pharmaceuticals, Inc., 72 F. Supp.3d 549 (D. Del. Nov. 5, 2014), certified for interlocutory appeal on other issue, 2014 WL 7533913 (D. Del. Dec. 17, 2014) (Delaware) (non-product liability). Motion to dismiss granted in part. No general jurisdiction through consent by registration to do business. Denying motion to dismiss on specific jurisdiction.
  46. Shrum v. Big Lots Stores, Inc., 2014 WL 6888446 (C.D. Ill. Dec. 8, 2014) (Illinois) (product liability – non drug/device). Motion to dismiss granted. No general jurisdiction by consent for having registration and agent for service of process.
  47. Magdalena v. Lins, 999 N.Y.S.2d 44 (N.Y.A.D. Dec. 16, 2014) (New York) (non-product liability). Denial of motion to dismiss reversed. General jurisdiction not provided by consent by registration to do business.
  48. Smith v. Union Carbide Corp., 2015 WL 191118 (Mo. Cir. St. Louis City Jan. 12, 2015) (Missouri) (product liability – non drug/device). Motion to dismiss granted. Asbestos defendant's registration to do business and agent for service of process insufficient to create general jurisdiction by consent.
  49. Chatwal Hotels & Resorts LLC v. Dollywood Co., 90 F. Supp.3d 97 (S.D.N.Y. Feb. 6, 2015) (New York) (non-product liability). Motion to dismiss granted in part and denied in part. Rejecting consent by registering to do business.
  50. Fiduciary Network, LLC v. Buehler, 2015 WL 2165953 (N.D. Tex. May 8, 2015) (Texas) (non-product liability). Motion to remand denied. Rejecting general jurisdiction by consent through "registration of an agent for process and registration to do business."
  51. Keeley v. Pfizer Inc., 2015 WL 3999488 (E.D. Mo. July 1, 2015) (Missouri) (prescription medical product liability). Motion to dismiss granted. No consent to general jurisdiction by registration to do business.
  52. Public Impact, LLC v. Boston Consulting Group, Inc., 117 F. Supp.3d 732 (M.D.N.C. Aug. 3, 2015) (North Carolina) (non-product liability). Motion to dismiss granted. Rejecting jurisdiction by consent by registration to do business.
  53. McCourt v. A.O. Smith Water Products Co., 2015 WL 4997403 (D.N.J. Aug. 20, 2015) (New Jersey) (product liability – non drug/device). Motion to dismiss granted in asbestos case. No consent to jurisdiction by registering to do business.
  54. Imax Corp. v. The Essel Group, 2015 WL 6087606 (N.Y. Sup. Oct. 9, 2015) (New York) (non-product liability). Motion to dismiss granted. Rejecting jurisdiction by consent through registration to do business.
  55. Dimitrov v. Nissan North America, Inc., 2015 WL 9304490 (N.D. Ill. Dec. 22, 2015) (Illinois) (non-product liability). Motion to dismiss granted. Defendant did not consent to jurisdiction by registering to do business.
  56. Brown v. Lockheed-Martin Corp., 814 F.3d 619 (2d Cir. Feb. 18, 2016) (Connecticut) (product liability – non drug/device). "If mere registration and the accompanying appointment of an in state agent − without an express consent to general jurisdiction – nonetheless sufficed to confer general jurisdiction by implicit consent, every corporation would be subject to general jurisdiction in every state in which it registered, and Daimler's ruling would be robbed of meaning by a back‐door thief." Affirming 19 F. Supp.3d 390, above.
  57. Hood v. Ascent Medical Corp., 2016 WL 1366920 (Mag. S.D.N.Y. March 3, 2016) (New York) (non-product liability). Recommending vacation of default judgment. Jurisdiction by consent argument based on contractual choice of law provision "borderline frivolous." Adopted 2016 WL 3453656, below.
  58. Firefighters' Retirement System v. Royal Bank PLC, 2016 WL 1254366 (M.D. La. March 29, 2016) (Louisiana) (non-product liability). Motion to dismiss granted. Registration to do business, appointment of agent for service of process, and payment of taxes insufficient. Registration was not consent to general jurisdiction.
  59. Thompson v. Carnival Corp., 174 F. Supp.3d 1327 (S.D. Fla. March 30, 2016) (maritime law) (product liability – non drug/device). Motion to dismiss granted. Contractual consent to jurisdiction insufficient absent independent basis for jurisdiction. Rule 4(k)(2) cannot confer general jurisdiction where defendant is not "at home."
  60. In re Foreign Exchange Benchmark Rates Antitrust Litigation, 2016 WL 1268267 (S.D.N.Y. March 31, 2016) (New York) (non-product liability). Granting motion to dismiss. Registration was not consent to general jurisdiction. General jurisdiction criteria the same under both federal and state law.
  61. Hovsepian v. Crane Co., 2016 WL 2997641 (E.D. Mo. April 13, 2016) (Missouri) (product liability – non drug/device). Granting motion to dismiss. Out-of-state asbestos plaintiff failed to establish general personal jurisdiction or consent to general jurisdiction.
  62. Genuine Parts Co. v. Cepec, 137 A.3d 123 (Del. April 18, 2016) (Delaware) (product liability – non drug/device). Denial of motion to dismiss reversed. Registration to do business and appointment of agent for service of process do not establish consent to general jurisdiction. Prior contrary precedent is no longer viable after Bauman.
  63. Display Works, LLC, v. Bartley, 182 F. Supp.3d 166 (D. N.J. April 25, 2016) (New Jersey) (non-product liability). Motion to dismiss granted. Registration to do business is not consent to general jurisdiction, nor is doing business in a state. Prior contrary precedent is no longer viable after Bauman.
  64. Beard v. Smithkline Beecham Corp., 2016 WL 1746113 (E.D. Mo. May 3, 2016) (Missouri) (prescription medical product liability). Motion to transfer granted. Registration to do business and appointment of agent do not establish consent to general jurisdiction. Prior contrary precedent is no longer viable after Bauman.
  65. In Re: Zofran (Ondansetron) Products Liability Litigation, 2016 WL 2349105 (D. Mass. May 4, 2016) (Massachusetts) (prescription medical product liability). Motion to dismiss granted. Motion to remand denied. Registration to do business and appointment of agent for service do not establish consent to general jurisdiction. Prior contrary precedent is no longer viable after Bauman, and would "distort" the registration statute.
  66. Leibovitch v. Islamic Republic of Iran, 188 F. Supp.3d 734 (N.D. Ill. May 19, 2016) (Illinois) (non-product liability). Motions to quash granted. Bauman is not limited to defendants and applies to third-party subpoenas. Registration to do business and appointment of agent for service do not establish general jurisdiction by consent or waiver. Prior contrary precedent is no longer viable after Bauman.
  67. Guillette v. PD-RX Pharmaceuticals. Inc., 2016 WL 3094073 (W.D. Okla. June 1, 2016) (Oklahoma) (prescription medical product liability). Motion to dismiss granted. Registration to do business and appointment of agent for service of process do not establish consent to general jurisdiction.
  68. Manning v. PD-RX Pharmaceuticals Inc., 2016 WL 3094075 (W.D. Okla. June 1, 2016) (Oklahoma) (prescription medical product liability). Motion to dismiss granted. Registration to do business and appointment of agent for service is not consent to general jurisdiction.
  69. Nauman v. PD-RX Pharmaceuticals Inc., 2016 WL 3094081 (W.D. Okla. June 1, 2016) (Oklahoma) (prescription medical product liability). Motion to dismiss granted. Registration to do business and appointment of agent for service is not consent to general jurisdiction.
  70. Magna Powertrain De Mexico S.A. De C.V. v. Momentive Performance Materials USA LLC, 2016 WL 3574652 (E.D. Mich. June 16, 2016) (Michigan) (product liability – non drug/device). Motion to transfer granted. Registration to do business and appointment of agent for service is not consent to general jurisdiction.
  71. Hood v. Ascent Medical Corp., 2016 WL 3453656 (S.D.N.Y. June 20, 2016) (New York) (non-product liability). Adopting magistrate's recommendation (2016 WL 1366920, above) to grant motion to dismiss. Forum selection clause not consent to general jurisdiction. Affirmed ___ F. Appx. ___, 2017 WL 2274276, below.
  72. Johnson v. Barrier, 2016 WL 3520157 (N.D. Ill. June 28, 2016) (Illinois) (non-product liability). Motion to dismiss granted. Consent to jurisdiction in previous cases not judicial estoppel.
  73. Singh v. Diesel Transportation, LLC, 2016 WL 3647992 (D. N.J. July 7, 2016) (New Jersey) (non-product liability). Motion to transfer granted. No consent to jurisdiction through registration and appointment of agent for service.
  74. Bristol-Myers Squibb Co. v. Superior Court, 377 P.3d 874 (August 29, 2016) (California) (prescription medical product liability). Denial of dismissal affirmed on other grounds. Registration to do business and appointment of an agent for service of process does not create general personal jurisdiction. Reversed 137 S. Ct. 1773, on other (very important) grounds as discussed here.
  75. Bonkowski v. HP Hood, LLC, 2016 WL 4536868 (E.D.N.Y. Aug. 30, 2016) (New York) (product liability – non-drug/device). Motion to transfer granted. No consent to general jurisdiction by registration to do business. Prior contrary consent precedent no longer viable after Bauman.
  76. Erwin v. Ford Motor Co., 2016 WL 7655398 (M.D. Fla. Aug. 31, 2016) (Florida) (product liability – non-drug/device). Motion to dismiss deferred to consider transfer. No consent to general jurisdiction by appointment of agent for service of process.
  77. Magill v. Ford Motor Co., 379 P.3d 1033, 2016 WL 4820223 (Colo. Sept. 12, 2016) (Colorado) (product liability – non drug/device). Reversing denial of motion to dismiss. Registration to do business and appointment of agent for service is not consent to general jurisdiction.
  78. Sciortino v. CMG Capital Management Group, Inc., 2016 WL 4799099 (E.D. La. Sept. 14, 2016) (Louisiana) (non-product liability). Motion to dismiss granted. Registration to sell securities in state not consent to general jurisdiction.
  79. Gulf Coast Bank & Trust Co, v. Designed Conveyor Systems, LLC, 2016 WL 4939113 (M.D. La. Sept. 14, 2016) (Louisiana) (non-product liability). Motion to dismiss granted. No consent to jurisdiction through licensing, registration, or appointment of agent for service of process.
  80. George v. A.W. Chesterton Co., 2016 WL 4945331 (W.D. Pa. Sept. 16, 2016) (Pennsylvania) (product liability – non-drug/device). Remanding for lack of jurisdiction. Registration to do business is not retroactive consent to general jurisdiction in asbestos case where it occurred after the alleged injury.
  81. U.S. Bank National Ass'n v. Bank of America, N.A., 2016 WL 5118298 (S.D.N.Y. Sept. 20, 2016) (Indiana) (non-product liability). Retransfer denied. Registration and appointment of in-state agent is neither consent to nor waiver of general jurisdiction.
  82. Addelson v. Sanofi S.A., 2016 WL 6216124 (E.D. Mo. Oct. 25, 2016) (Missouri) (prescription medical product liability). Motion to dismiss granted. Registration to do business and appointment of agent is not consent to general jurisdiction. Prior contrary precedent is no longer viable after Bauman.
  83. Perez v. Air and Liquid Systems Corp., 2016 WL 7049153 (S.D. Ill. Dec. 2, 2016) (Illinois) (product liability – non-drug/device). Motion to dismiss granted. Asbestos case. No consent to jurisdiction by registration and appointment of agent.
  84. Taormina v. Thrifty Car Rental, 2016 WL 7392214 (S.D.N.Y. Dec. 21, 2016) (New York) (non-product liability). Motion to dismiss granted. No consent to jurisdiction through registration and appointment of agent for service. Prior contrary precedent no longer viable after Bauman.
  85. Minholz v. Lockheed Martin Corp., 2016 WL 7496129 (N.D.N.Y. Dec. 30, 2016) (New York) (product liability – non-drug/device). Motion to dismiss granted. No consent to jurisdiction through registration and appointment of agent for service. Prior contrary precedent no longer viable after Bauman.
  86. Gulf Coast Bank v. Designed Conveyor Systems, LLC, 2017 WL 120645 (M.D. La. Jan. 12, 2017) (Louisiana) (non-product liability). Denying motion to alter judgment. No consent to jurisdiction through registration and appointment of agent for service. Prior contrary precedent no longer viable after Bauman, and interpreting a registration statute as providing consent to general jurisdiction would "rob [Bauman] of its central meaning."
  87. Famular v. Whirlpool Corp., 2017 WL 280821 (S.D.N.Y. Jan. 19, 2017) (New York) (non-product liability). Motion to dismiss representative plaintiffs for out-of-state class actions granted. No consent to jurisdiction through registration and appointment of agent for service. Prior contrary precedent no longer viable after Bauman.
  88. Sullivan v. Barclays PLC, 2017 WL 685570 (S.D.N.Y. Feb. 21, 2017) (New York) (non-product liability). Motion to dismiss granted. Forum selection clause is not consent to general jurisdiction. Neither is registration to do business.
  89. State ex rel. Norfolk Southern Railway Co. v. Dolan, 512 S.W.3d 41 (Mo. Feb. 28, 2017) (Missouri) (non-product liability). Writ of prohibition issued. No consent to jurisdiction through registration and appointment of agent. Contrary prior precedent no longer viable after Bauman.
  90. Figueroa v. BNSF Railway Co., 390 P.3d 1019 (Or. March 2, 2017) (Oregon) (non-product liability). Mandamus granted. No consent to general jurisdiction through registration and appointment of agent for service of process. Registration is not implied consent to personal jurisdiction.
  91. Am Trust v. UBS AG, ___ F. Appx. ___, 2017 WL 836080 (9th Cir. March 3, 2017) (California) (non-product liability). Affirming dismissal for lack of jurisdiction. No consent to jurisdiction through registration and appointment of agent. Acceptance of service in prior litigation insufficient.
  92. Phoenix Insurance Co. v. Cincinnati Indemnity Co., 2017 U.S. Dist. Lexis 109977 (D.R.I. March 3, 2017) (Rhode Island) (non-product liability). Motion to transfer granted. No consent to general jurisdiction through insurance registration and appointment of the agent for service. The statues cannot be "construed as a consent or submission to personal jurisdiction," and if they could they would violate Due Process.
  93. Kearns v. New York Community Bank, 2017 WL 1148418 (Kan. App. March 24, 2017) (Kansas) (non-product liability) (unpublished). Affirming dismissal for lack of jurisdiction. Consent to jurisdiction by registration to do business in-state by non-party subsidiary insufficient.
  94. Muenstermann v. United States, 2017 WL 1408037 (S.D. Ill. April 20, 2017) (Illinois) (non-product liability). Motion to dismiss granted. No jurisdiction through registration and appointment of agent for service. Contrary prior precedent no longer viable after Bauman.
  95. MacCormack v. The Adel Wiggins Group, 2017 WL 1426009 (E.D. Mo. April 21, 2017) (Missouri) (product liability – non-drug/device). Granting motion for reconsideration, and dismissing. No consent to jurisdiction for registration and an appointment of agent for service. Contrary prior precedent no longer viable under Norfolk Southern v. Dolan.
  96. Justiniano v. First Student Management LLC, 2017 WL 1592564 (E.D.N.Y. April 26, 2017) (New York) (non-product liability). Motion to transfer granted. No consent to jurisdiction through registration and appointment of agent for service. Contrary prior precedent no longer viable after Bauman.
  97. Wal-Mart Stores, Inc. v. Lemaire, ___ P.3d ___, 2017 WL 1954809 (Ariz. App. May 11, 2017) (Arizona) (non-product liability). Reversing denial of motion to dismiss. No express or implied consent to jurisdiction through registration and appointment of agent for service.
  98. Antoon v. Securus Technologies, Inc., 2017 WL 2124466 (W.D. Ark. May 15, 2017) (Arkansas) (non-product liability). Motion to dismiss granted. No consent to jurisdiction through registration and appointment of agent for service, where statute provided express jurisdictional restriction, and "exception [would be] so large as to swallow the rule."
  99. Matthews v. BNSF Railway Co., 2017 WL 2266891 (W.D. Mo. May 23, 2017) (Missouri) (non-product liability). Motion for reconsideration granted and transferred. No consent to jurisdiction for registration and appointment of agent for service.
  100. Hood v. Ascent Medical Corp., ___ F. Appx. ___, 2017 WL 2274276 (2d Cir. May 24, 2017) (New York) (non-product liability). Affirming grant of motion to dismiss. Forum selection clause insufficient to constitute consent to general jurisdiction. Affirming, 2016 WL 1366920, and 2016 WL 3453656, above.
  101. Famular v. Whirlpool Corp., 2017 WL 2470844 (S.D.N.Y. June 7, 2017) (New York) (non-product liability). Motion to dismiss granted as to out-of-state plaintiffs. No consent to jurisdiction through registration and appointment of agent for service. Contrary prior precedent longer viable after Bauman.
  102. Siegfried v. Boehringer Ingelheim Pharmaceuticals, Inc., 2017 WL 2778107 (E.D. Mo. June 27, 2017) (Missouri) (prescription medical product liability). Motion to dismiss granted. Out-of-state plaintiffs lacked personal jurisdiction Bauman and BMS. No consent to jurisdiction through and appointment of agent for service.
  103. Everett v. Aurora Pump Co., 2017 WL 2778091 (E.D. Mo. June 27, 2017) (Missouri) (product liability – non-drug/device). Motion to dismiss granted. No consent to jurisdiction through registration and appointment of agent for service.
  104. Boswell v. Cable Services Co., 2017 WL 2815077 (D.N.J. June 28, 2017) (New Jersey) (non-product liability). Motion to dismiss granted. No consent to jurisdiction through registration and appointment of agent for service. Statute lacked "express language" indicating consent. Contrary prior precedent no longer viable after Bauman.
  105. Segregated Account of Ambac Assurance Corp. v. Countrywide Home Loans, ___ N.W.2d ___, 2017 WL 2824607 (Wis. June 30, 2017) (Wisconsin) (non-product liability). Reversing denial of dismissal and remanding. No consent to jurisdiction through registration and appointment of the agent. Statute contains no language regarding consent or jurisdiction. Contrary prior precedent no longer viable after Bauman.
  106. Dutch Run-Mays Draft, LLC v. Wolf Block, LLP, ___ A.3d ___, 2017 WL 2854420 (N.J. Super. App. Div. July 5, 2017) (New Jersey) (non-product liability). Dismissal for lack of jurisdiction affirmed. Registration to do business and appointment of agent for service of process do not establish consent to general jurisdiction. Prior contrary precedent is no longer viable after Bauman.
  107. JPB Installers, LLC v. Dancker, Sellew & Douglas, Inc., 2017 WL 2881142 (M.D.N.C. July 6, 2017) (North Carolina) (non-product liability). Motion to dismiss granted. Registration to do business does not establish general personal jurisdiction.

This article is presented for informational purposes only and is not intended to constitute legal advice.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
James Beck
 
In association with
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.