September 21, 2016 Articles

Third-Party Subpoenas and Personal Jurisdiction after Daimler v. Bauman

By James M. Beck

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the U.S. Supreme Court restricted the principle of general personal jurisdiction (whereby a defendant can be sued about anything) involving corporations, limiting this concept to where a corporation is “at home”—essentially its principal place of business or state of incorporation. Id. at 760–61. Plaintiffs may, of course, still sue corporations in the plaintiff’s domicile provided that the litigation satisfies the “minimum contacts” test for specific personal jurisdiction, but Daimler makes it extremely difficult for a court in any jurisdiction not home to either the plaintiff or the defendant to obtain jurisdiction.

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