Figueroa v. BNSF Railway Co.

Summary

The Oregon Supreme Court considered whether BNSF Railway Company consented to general personal jurisdiction in Oregon by appointing a registered agent under ORS 60.731(1). The court held that the statute addresses service of process and does not constitute implied consent to general jurisdiction. The court issued a peremptory writ directing the trial court to dismiss the action for lack of general jurisdiction.

Holdings

1. Appointing a registered agent under ORS 60.731(1) does not constitute implied consent by a foreign corporation to the general jurisdiction of Oregon courts.
2. ORS 60.731(1) is not an independent source of personal jurisdiction; it only identifies an agent authorized to accept process that another source of law requires or permits to be served.
3. The trial court erred in ruling that it had general jurisdiction over BNSF, and a peremptory writ of mandamus must issue.

Questions Presented

1. Whether appointing a registered agent under ORS 60.731(1) constitutes implied consent by a foreign corporation to general personal jurisdiction in Oregon.
2. Whether ORS 60.731(1) independently provides a basis for Oregon jurisdiction over a foreign corporation.
3. Whether the Multnomah County Circuit Court erred in exercising general jurisdiction over BNSF.

Disposition

writ_granted