Arguing that the Montana Supreme Court improperly applied the Daimler personal jurisdiction requirements, which state that a “foreign corporation” is subject to jurisdiction only in states in which it is incorporated and where it has its principal place of business. Also argued that the Montana Supreme Court has repeatedly defied the decisions of the US Supreme Court and reintroduced the unfairness and uncertainty the US Supreme Court sought to eliminate.
Status: On May 30, 2017, the US Supreme Court ruled in favora of ATRA’s amicus brief. The Court held that a state court may exercise jurisdiction over out-of-state corporations when their “affiliations with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum state.” BNSF was not incorporated or headquartered in Montana and its activity there was not “so substantial and of such a nature as to render the corporation at home in that State.”
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
Arbitrary, excessive punishments result from lack of clarity under some laws
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation
