New York state law requires an out-of-state corporation doing business in New York to register with the Secretary of State. For years, New York courts held that such registration constituted “consent” to personal jurisdiction in New York for all purposes. However, since the U.S. Supreme Court’s landmark 2014 decision Daimler AG v. Bauman, 134 S. Ct. 746, which severely restricted the paradigm forums in which a corporation is subject to general jurisdiction, New York courts have disagreed regarding whether the doctrine of consent by registration survives Daimler. New York law has become confused, and clarity is needed for plaintiffs and defendants alike.
Corporate Defendants
New York courts have long held that “a corporation’s authorization to do business in the State [of New York] and concomitant designation of the Secretary of State as its agent for service of process is consent to personal jurisdiction.” Corporate Jet Support v. Lobosco Ins. Grp., No. 651976/2015, 2015 N.Y. Misc. LEXIS 4724, at *2 (Sup. Ct. Oct. 7, 2015); Rockefeller Univ. v. Ligand Pharm., 581 F.Supp.2d 461, 465 (S.D.N.Y. 2008) (courts “have found personal jurisdiction where a defendant has maintained an active authorization to do business on file with the Department of State.”).
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