Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Georgia Supreme Court Ruling “in tension” with SCOTUS Precedent on Personal Jurisdiction

By Davis M. Walsh, Travis C. Gunn & Andrew Gann on September 23, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state.  Since the Supreme Court’s decision in Daimler AG v. Bauman, 571 U.S. 117 (2014) tightening the scope of the general personal jurisdiction doctrine, lower courts have wrestled with the question of whether these mandatory consent statutes are constitutional and, more broadly, whether registering to do business in a state can be considered consent to general personal jurisdiction in that state.

The Georgia Supreme Court’s September 21st decision in Cooper Tire & Rubber Company v. McCall, 220G1368, may be an important development in the law on this front, and is certainly important for any non-Georgia company registered to do business in the state.  In Cooper Tire, the Georgia court directly addressed the question of whether the state’s precedent establishing that registration to do business in the state rendered a foreign corporation subject to general personal jurisdiction in the state survived Daimler and its progeny.  The court found that while that precedent was “in tension” with the Supreme Court’s decisions, it “cannot be overruled on federal constitutional grounds.”  In other words: in Georgia state courts, registration in Georgia means being subject to general personal jurisdiction.

This area of law is ripe for both further Supreme Court and legislative developments.  Corporations registered to do business in multiple states would be well-advised to check those states’ statutes and precedent to determine whether they have consented to general personal jurisdiction by virtue of their registration.  And, if so, whether they want to be another test case in the still-developing case law on the question.

Photo of Davis M. Walsh Davis M. Walsh

Davis M. Walsh is a trial lawyer who focuses on high-stakes litigation for public and private companies, along with advising clients on the legal and litigation risks surrounding the adoption of artificial intelligence. Davis is known for taking on cases that are critical…

Davis M. Walsh is a trial lawyer who focuses on high-stakes litigation for public and private companies, along with advising clients on the legal and litigation risks surrounding the adoption of artificial intelligence. Davis is known for taking on cases that are critical to clients — from bet-the-company product liability trials to complex mass tort litigation — and for bringing the kind of creative, jury-focused strategy that wins them.

Read more about Davis M. WalshEmail
Show more Show less
Photo of Travis C. Gunn Travis C. Gunn

Travis is a litigator and appellate attorney who represents clients in wide range of complex, high-stakes litigation. His clients often face significant personal injury and wrongful death claims, consumer class actions, state attorney general matters, and general commercial litigation. Travis frequently represents designers…

Travis is a litigator and appellate attorney who represents clients in wide range of complex, high-stakes litigation. His clients often face significant personal injury and wrongful death claims, consumer class actions, state attorney general matters, and general commercial litigation. Travis frequently represents designers, manufacturers, and distributors of products ranging from automobiles to medical devices to outdoor power equipment. He often advises clients in the agriculture, construction, and retail industries.

Read more about Travis C. GunnEmail
Show more Show less
Photo of Andrew Gann Andrew Gann

Drew is a co-leader of McGuireWoods’ Crisis Management & Incident Response Practice Group. He represents companies in class actions, mass torts, and high-stakes commercial litigation—particularly when regulatory scrutiny, reputational risk, and catastrophic loss converge. He brings deep experience guiding clients through multidistrict litigation…

Drew is a co-leader of McGuireWoods’ Crisis Management & Incident Response Practice Group. He represents companies in class actions, mass torts, and high-stakes commercial litigation—particularly when regulatory scrutiny, reputational risk, and catastrophic loss converge. He brings deep experience guiding clients through multidistrict litigation, punitive damages exposure, and investigations by federal and state regulators, including the National Transportation Safety Board (NTSB), the U.S. Department of Transportation (DOT), the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Consumer Product Safety Commission (CPSC), public utility commissions, and state attorneys general.

Read more about Andrew GannEmail
Show more Show less
  • Posted in:
    Administrative and Regulatory
  • Blog:
    Class Action Countermeasures
  • Organization:
    McGuireWoods LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo