Trend Watch: Out-of-Staters Finding the Basis for Personal Jurisdiction
This article explores the history of consent by registration in personal jurisdiction case law, recent decisions at the federal and state level and a proposed amendment in the New York Legislature to change the current law in New York.
November 10, 2023 at 10:00 AM
8 minute read
Recent decisions from the U.S. Supreme Court and New York Court of Appeals significantly changed personal jurisdiction case law; specifically, whether registration to do business with the Secretary of State amounts to consent to general personal jurisdiction in the state.
This article explores the history of consent by registration in personal jurisdiction case law, recent decisions at the federal and state level and a proposed amendment in the New York Legislature to change the current law in New York.
|History of Personal Jurisdiction and Consent by Registration
There are two types of personal jurisdiction: specific and general. Specific personal jurisdiction applies where the cause of action arose out of contacts with the forum state. General personal jurisdiction applies where there is no connection to the forum state, but the defendant has connections to the forum state sufficient for it to be sued in the state on any cause of action.
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