General Jurisdiction over Foreign Corporations in the United States Civil Procedure
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In the United States Civil Procedure, general jurisdiction or all-purpose jurisdiction may be referred when the cause of action does not arise from or relate to the defendant's contacts with the forum state. To assert general jurisdiction over the non-resident defendant, the defendant's contacts with the forum need to be "continuous and systematic” and substantial to justify the lawsuit within the forum against the defendant. The U.S. Supreme Court produced five leading cases on general jurisdiction over out-of-state defendant corporations. This paper focuses on the decision in 2017, BNSF Railway, Co. v. Tyrrell, to find out how the rules of general jurisdiction have been recently developed in the U.S. Supreme Court. In addition, to understand the changes of general jurisdiction rules, the paper overviews Goodyear in 2011 and Daimler in 2014 which introduced the "essentially at home” test for general jurisdiction analysis, and looks back other related cases, Perkins in 1952 and Helicopteros in 1984, which provided the sources of general jurisdiction rules.
Abstract
In the United States Civil Procedure, general jurisdiction or all-purpose jurisdiction may be referred when the cause of action does not arise from or relate to the defendant's contacts with the forum state. To assert general jurisdiction over the non-resident defendant, the defendant's contacts with the forum need to be "continuous and systematic” and substantial to justify the lawsuit within the forum against the defendant. The U.S. Supreme Court produced five leading cases on general jurisdiction over out-of-state defendant corporations. This paper focuses on the decision in 2017, BNSF Railway, Co. v. Tyrrell, to find out how the rules of general jurisdiction have been recently developed in the U.S. Supreme Court. In addition, to understand the changes of general jurisdiction rules, the paper overviews Goodyear in 2011 and Daimler in 2014 which introduced the "essentially at home” test for general jurisdiction analysis, and looks back other related cases, Perkins in 1952 and Helicopteros in 1984, which provided the sources of general jurisdiction rules.
참고문헌 (9)
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- Jack H. Friedenthal, "Civil Procedure" (2005), Thomson West
- Judy M. Cornett, "Good-Bye Significant Contacts: General Personal Jurisdiction After Daimler AG V. Bauman", Ohio State Law Journal, 76, pp.101~ (2015)
- Natia Daviti, "Daimler AG v. Bauman: A Change in the Climate of General Jurisdiction over Foreign Corporations", Westchester Bar Journal, 40, pp.7~ (2015)
- Donald L. Doernberg, "Resoling International Shoe", Texas A&M Law Review, 2, pp.247~ (2014)
- Allan R. Stein, "The Meaning of “Essentially at Home” in Goodyear Dunlop", South Carolina Law Review, 63, pp.527~ (2012)
- Symeon C. Symeonides, "Choice of Law in the American Courts in 2017: Thirty-First Annual Survey", American Journal of Comparative Law, 66, pp.1~ (2018)
- Michael Vitiello, "Limiting Access to U.S. Courts: The Supreme Court's New Personal Jurisdiction Case Law", U.C. Davis Journal of International Law and Policy, 21, pp.209~ (2015)
- Charles Alan Wright, "Federal Rules Of Civil Procedure, Federal Practice & Procedure", 1067.5 General Jurisdiction, ~ (2018)