New York Court Of Appeals Confirms Registration To Do Business Under Business Registration Statute Does Not Constitute Consent To General Jurisdiction

For more than a century, companies that registered to do business under state business registration statutes were deemed to have consented to general personal jurisdiction — i.e., jurisdiction over all disputes — in that state, regardless of any link between the alleged misconduct and the forum. That was thrown into doubt in 2014, when the Supreme Court of the United States held in Daimler AG v. Bauman1 that, except in extraordinary cases, a corporate defendant is […]

By | January 14th, 2023 ||

Florida Punitive Damages Amendments Now Subject To Interlocutory Appeal

The Florida Supreme Court just changed the litigation landscape regarding punitive damage claims. On January 6, 2022, the Court amended Florida Rule of Appellate Procedure 9.130, effective April 1, 2022, to explicitly permit interlocutory appeals of orders granting or denying leave to amend a complaint to add a claim for punitive damages. See In Re: Amendment to Florida Rule of Appellate Procedure 9.130, No. SC21-129 (Jan. 6, 2022) (“[appeals] to the district courts of appeal of […]

By | January 8th, 2023 ||

Appeals Court Reinstates OSHA Emergency Vaccine And Testing Requirements For Large Employers

The Sixth Circuit Court of Appeals lifted a stay put in place by the Fifth Circuit that prevented OSHA from enforcing its Emergency Temporary Standard (“ETS”). This means OSHA may now move forward with the  vaccine, testing and other requirements for employers with 100 or more employees while challenges to the rule are litigated simultaneously. Because of the uncertainty due to litigation, OSHA has extended the compliance deadline to January 10 and, in a statement on its […]

By | January 5th, 2023 ||