Breaking With Recent Trend, Pa. Judge Deems Consent by Registration Unconstitutional
A federal judge has split from a growing line of recent federal and state rulings that have held that registering to do business in Pennsylvania still means consenting to be sued in Pennsylvania, despite the U.S. Supreme Court's seemingly conflicting 2014 ruling in Daimler AG v. Bauman.
June 13, 2019 at 12:59 PM
4 minute read
A federal judge has split from a growing line of recent federal and state rulings that have held that registering to do business in Pennsylvania still means consenting to be sued in Pennsylvania, despite the U.S. Supreme Court's seemingly conflicting 2014 ruling in Daimler AG v. Bauman.
On June 6, U.S. District Judge Eduardo Robreno of the Eastern District of Pennsylvania granted a motion to dismiss filed by defendant Huntington Ingalls in In re Asbestos Products Liability Litigation (No. VI). In doing so, Robreno ruled that, in the wake of Daimler, Pennsylvania's consent by registration statutory scheme violates the due process clause.
The Daimler court ruled that jurisdiction could not be exercised over a corporation in a state where that corporation was not “at home,” which the justices defined as having “continuous and systematic” “affiliations” with the state where the litigation was filed.
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