In its 2014 landmark decision Daimler AG v. Bauman, 134 S. Ct. 746 (2014), the U.S. Supreme Court held that a corporation is only subject to general jurisdiction when it has such constant and pervasive affiliations with the state where the suit is brought that it can be deemed “at home” in that state. The Supreme Court held that a corporation’s “paradigm” homes are its place of incorporation and principal place of business and noted that “in an exceptional case” a corporation’s operations elsewhere “may be so substantial and of such a nature as to render the corporation at home in that State.” Id. at 760-61 & n.19.
Daimler has had a profound effect on aviation cases because they usually involve multi-jurisdictional contacts. Aviation accidents often occur in fortuitous locations and involve plaintiffs and defendants from different states or nations. A typical case may involve a crash in one jurisdiction, a pilot from a second, passengers from a third, an aircraft maintenance outfit from a fourth and an aircraft manufacturer from a fifth. Even before Daimler it was frequently impossible to join all defendants in one action, but post-Daimler aviation cases invariably require plaintiffs to file multiple “protective actions” to guard against jurisdictional dismissals.
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