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January 29, 2019 News

Michael Mix and Jason Gottlieb Author Article on Recent Ruling Providing Clarity to Consent to Personal Jurisdiction By Registering to Do Business in New York

January 29, 2019 – Michael Mix and Jason Gottlieb authored the article “Clearing Up Personal Jurisdiction Consent Questions in NY” that appears in the January 25, 2019 issue of Law360.  The article analyzes the recent Appellate Division's Second Department decision in Aybar v. Aybar that found that the doctrine of consent to personal jurisdiction by registering to do business does not survive the U.S. Supreme Court’s landmark 2014 decision Daimler AG v. Bauman.  Since that decision, New York litigants had lacked clarity as to whether an out-of-state corporation doing business in New York has “consented” to personal jurisdiction in the state by registering to do business with the secretary of state. 

The Second Department’s Aybar decision litigants that, absent some other exceptional circumstance, out-of-state corporations will not be subject to general jurisdiction in New York if they are not incorporated or headquartered in the state simply by being registered to do business in New York.

Pdf of article:  “Clearing Up Personal Jurisdiction Consent Questions in NY