Second Circuit Finds No "Exceptional Case" For General Jurisdiction Under Daimler And Vacates $655M Judgment

Stosh Silivos is a litigation attorney in Holland & Knights New York office

The Second Circuit Court of Appeals vacated a $655 million jury award related to terror attacks in Israel, finding the lower court lacked personal jurisdiction over the defendants. In Waldman v. Palestine Liberation Organization,¹ a unanimous panel continued the trend of limiting the exercise of general jurisdiction and held that the suit was not an "exceptional case" as discussed in Daimler AG v. Bauman² because the defendants were not "at home" in the United States. The court also determined that specific jurisdiction was lacking because the defendant's suit-related conduct did not create a substantial connection with the United States. Thus, the court remanded the action to the district court with instructions to dismiss for lack of personal jurisdiction.