On April 28, 2015, a controversial proposal to eviscerate a landmark U.S. Supreme Court decision slipped through the New York State Senate Standing Committee on the Judiciary with one minute and 30 seconds of debate. The Senate bill, S4846-2015, which mirrors the bill introduced in the New York State Assembly on March 30, 2015, A6714-2015, purports to clarify a supposed ambiguity created by the U.S. Supreme Court in Daimler v. Bauman, 134 S. Ct. 746 (2014), arguably the most important Supreme Court ruling on general personal jurisdiction in 70 years.
In Daimler, the U.S. Supreme Court unanimously held that a corporation may be subject to general jurisdiction in a state only if its contacts are so “continuous and systematic” that it is “essentially at home in the State.” Aside from an “exceptional case,” the court explained that a corporation is “at home” and therefore subject to personal jurisdiction consistent with notions of due process, only in the state of the company’s place of incorporation or its principal place of business.
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