August 01, 2018 Articles

The Impact of Daimler on Already Complex Jurisdictional Issues in Aviation Crash Cases

By Michael S. Krzak

In Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the U.S. Supreme Court completely altered the landscape of general jurisdiction. The Court moved away from the “doing business” standard, holding that a corporation is subject to general jurisdiction only 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 Court further held that corporations are “at home” where the principal place of business is located and where the corporation is incorporated. In a footnote, the Court left open the possibility that “in an exceptional case” a corporation’s 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.

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