U.S. Court of Appeals for the Second Circuit

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July 01, 2016

The Second Circuit affirmed by summary order the district court’s decision, finding that the plaintiffs had waived their registration theory of jurisdiction. Although the court did not express a view on the merits of the jurisdiction issue, it did note that the registration theory may not be viable under the Supreme Court’s decision in Daimler.

U.S. Chamber urges Second Circuit to reject “jurisdiction-by-registration” theory

April 05, 2016

The U.S. Chamber urged the Second Circuit to hold that businesses do not “consent” to general personal jurisdiction whenever they register to do business in a state. In its amicus brief, the Chamber explained that subjecting corporations to general jurisdiction in every state in which they are required to register to do business would eviscerate the due process limits on personal jurisdiction recognized by the Supreme Court in Daimler AG v. Bauman(2014)—and could well have the practical result of exposing corporations that do business nationwide to general jurisdiction in all fifty states. The Chamber said in its brief that “jurisdiction-by-registration” is irreconcilable with the Supreme Court’s personal jurisdiction decisions and would impose unfair burdens on businesses, encourage forum-shopping, and inflict significant harm on the nation’s economy.

Andrew J. Pincus, Archis A. Parasharami, and Matthew A. Waring of Mayer Brown LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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