Figueroa v. BNSF Railway Co.
- Case Date: 6/16/2016
- Project Name: Civil Justice Reform
On March 2, 2017, the Oregon Supreme Court issued an opinion authorizing a writ of mandamus to safeguard vital due-process protections that constrain a state court’s ability to exercise personal jurisdiction over out-of-state defendants. The decision marked a victory for Washington Legal Foundation, which filed an amicus brief in the case arguing that the court below wrongly refused to abide by the U.S. Supreme Court’s 2014 Daimler decision that limited state and federal courts’ authority to assert general jurisdiction over out-of-state companies. WLF refuted the plaintiff’s contention on appeal that BNSF somehow “consented” to general jurisdiction in Oregon courts simply by registering to do business there. In its unanimous opinion, the Oregon Supreme Court agreed, explaining that “as a matter of state law, the Oregon legislature did not intend that appointing a registered agent … would constitute consent to the jurisdiction of the Oregon courts.”
More Information and Downloads:
6/16/2016: Download the Brief