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EDPA Breathes New Life into the Third Circuit’s Pre-Daimler Decision, Bane v. Netlink, Inc.

On June 3, 2020 by Schnader in Client Alerts

Samantha M.B. Demuren and Edward J. Sholinsky published a client alert, “EDPA Breathes New Life into the Third Circuit’s Pre-Daimler decision, Bane v. Netlink, Inc.”

The United States District Court for the Eastern District of Pennsylvania in Winters v. Akzo Nobel Surface Chemistry, LLC recently held that any company that registers to do business in Pennsylvania consents to general jurisdiction in the Commonwealth’s courts. This departed from a recent trend in which other judges in the Eastern District held that constructive consent through registration violated the Due Process Clause of the Constitution and that the validity of the Third Circuit’s 1991 decision in Bane v. Netlink, Inc. did not survive the U.S. Supreme Court’s 2014 decision in Daimler AG v. Bauman.

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