Figueroa v. BNSF Railway Co.

Summarized by:

  • Court: Oregon Supreme Court
  • Area(s) of Law: Civil Procedure
  • Date Filed: 03-02-2017
  • Case #: S063929
  • Judge(s)/Court Below: Kistler, J. for the Court; En Banc.
  • Full Text Opinion

Foreign corporations do not automatically consent to the general jurisdiction of Oregon by complying with ORS 60.731(1) and appointing an agent of the company upon which process is served.

Defendant appealed the trial court's determination of jurisdiction over Defendant. This case presented the issue of whether Defendant (a foreign corporation), by appointing a registered agent in Oregon, impliedly consented to general jurisdiction. Specifically, the Court answered whether Defendant consented to have Oregon courts adjudicate any and all claims against it regardless of whether those claims have any connection to Defendant’s activities in the state. ORS 60.731(1) states that a registered agent “shall be an agent of such corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served.” ORS 60.731(1) requires domestic and foreign corporations to designate a registered agent only so that there would be an easily identifiable person on whom any process could be served. It was not the legislature's intent that appointing a registered agent would impliedly consent a foreign corporation to the jurisdiction of the Oregon courts. The legislature did not intend that appointing a registered agent pursuant to ORS 60.731(1) would constitute consent to the jurisdiction of the Oregon courts. Peremptory writ to issue. 

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