“General Jurisdiction Challenges and Jurisdictional Discovery Post Daimler AG v. Bauman”
By: John Isaac Southerland, Jeremy Gaddy and Elizabeth Davis
For The Defense, a DRI publication
In 2014, the Supreme Court of the United States issued Daimler AG v. Bauman, 134 S. Ct. 746 (2014), purportedly to clarify and reaffirm the law on the often-overlooked concept of general personal jurisdiction.
While a majority of lower courts have followed Bauman’s clear directive, thus creating some predictability about when and where a corporate defendant may be haled into court, others have strayed from Supreme Court precedent, leading to even greater inconsistency across forums and resulting in additional and increasingly burdensome jurisdictional discovery. Although seeking dismissal for lack of general jurisdiction post-Bauman should be fairly straightforward, because of this divergence, almost three years after Bauman, some uncertainty remains.
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