Potential Impact Of BNSF: 2 Areas To Watch

By Michael Paisner (June 9, 2017, 1:09 PM EDT) -- In its recent decision in BNSF Railway Co. v. Tyrrell, the Supreme Court reaffirmed its 2014 ruling in Daimler AG v. Bauman that general jurisdiction over a corporate defendant — that is, the power to hear even those cases with no connection to the forum state — lies in two "paradigm" locations: the corporation's place of incorporation and principal place of business. BNSF Railway predictably has elicited divergent reactions from the bar, with plaintiffs' lawyers dismissing it as old news (see Vin Gurrieri, High Court's BNSF Ruling A Roadblock For Forum-Shopping), and defense counsel emphasizing the decision's importance in expressly affirming that the due process limits articulated in Daimler apply broadly to all types of claims and business enterprises (see Richard Dean & Michael Ruttinger, After The BNSF Decision, There's No Place Like "At Home")....

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