Deleon v. BNSF Ry. Co.

2018 MT 219, 426 P.3d 1, 392 Mont. 446
CourtMontana Supreme Court
DecidedSeptember 11, 2018
DocketDA 17-0627
StatusPublished
Cited by20 cases

This text of 2018 MT 219 (Deleon v. BNSF Ry. Co.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deleon v. BNSF Ry. Co., 2018 MT 219, 426 P.3d 1, 392 Mont. 446 (Mo. 2018).

Opinion

Justice Laurie McKinnon delivered the Opinion of the Court.

**447¶ 1 Eddie M. DeLeon, Jason Kingery, and Steve Paul Beck (collectively, Plaintiffs) each filed suit against BNSF Railway Company (BNSF) in Montana's Thirteenth Judicial District Court, Yellowstone County, for injuries allegedly sustained while working for BNSF in states other than Montana. BNSF moved to dismiss Plaintiffs' claims for lack of personal jurisdiction. The District Court granted BNSF's motions to dismiss and each Plaintiff appealed. We address the following issue in Plaintiffs' consolidated appeal:

*4Does a company consent to general personal jurisdiction in Montana when it registers to do business and voluntarily conducts business activities in Montana?

¶ 2 We conclude a company does not consent to general personal jurisdiction by registering to do business in Montana and voluntarily conducting in-state business activities. We therefore affirm the District Court's orders granting BNSF's motions to dismiss for lack of personal jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 Plaintiffs each filed Federal Employers' Liability Act (FELA) negligence claims against BNSF in Montana's Thirteenth Judicial District Court, Yellowstone County. BNSF is a rail carrier incorporated in Delaware with its principal place of business in Texas. BNSF does business in Montana: it has 2,061 miles of railroad track in Montana; employs approximately 2,100 workers in Montana; maintains an **448automotive facility in Montana; and generates less than 10% of its total revenue in Montana. BNSF Ry. Co. v. Tyrrell , 581 U.S. ----, ----, 137 S.Ct. 1549, 1554, 198 L.Ed.2d 36 (2017). In order to lawfully conduct its business activities in Montana, BNSF registered to do business and designated an in-state agent for service of process.

¶ 4 In December 2011, plaintiff Kingery, a Missouri resident, filed to recover for injuries he allegedly sustained while working for BNSF outside of Montana. In June 2013, plaintiff DeLeon, a Texas resident, filed to recover for injuries he allegedly sustained while working for BNSF in Texas. In January 2014, plaintiff Beck, a Texas resident, filed to recover for injuries he allegedly sustained while working for BNSF in Texas. Thereafter, Plaintiffs' cases followed substantially similar procedural paths.

¶ 5 BNSF moved to dismiss Plaintiffs' claims pursuant to M. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. Plaintiffs responded to BNSF's motions to dismiss, maintaining Montana had personal jurisdiction over BNSF because the rail carrier consented to general personal jurisdiction in Montana when it registered to do business and subsequently conducted in-state business activities. The District Court determined BNSF did not consent to personal jurisdiction in Montana and accordingly dismissed Plaintiffs' claims for lack of personal jurisdiction. Plaintiffs appeal.

STANDARD OF REVIEW

¶ 6 The determination of personal jurisdiction is a question of law that we review de novo. Tackett v. Duncan , 2014 MT 253, ¶ 16, 376 Mont. 348, 334 P.3d 920. A motion to dismiss is construed in the light most favorable to the nonmoving party and a court will not grant one unless, taking all well-pleaded allegations of fact as true, it appears beyond doubt that no set of facts supports the claim of relief. Buckles v. Cont'l Res., Inc. , 2017 MT 235, ¶ 9, 388 Mont. 517, 402 P.3d 1213.

DISCUSSION

¶ 7 Personal jurisdiction refers to a court's power over the parties in a proceeding. Personal Jurisdiction , Black's Law Dictionary (10th ed. 2014). We distinguish between general (i.e., all-purpose) and specific (i.e., case-linked) personal jurisdiction. Buckles , ¶ 12 ; M. R. Civ. P. 4(b)(1). General personal jurisdiction is premised upon the defendant's relationship to the forum state, while specific personal jurisdiction is premised upon the defendant's relationship to both the forum state and the particular cause of action.

**449¶ 8 General personal jurisdiction exists when a corporation's affiliations with Montana are so continuous and systematic as to render it essentially at home in Montana. See BNSF , 581 U.S. at ----, 137 S.Ct. at 1558 ; Daimler AG v. Bauman , 571 U.S. 117, 138-39, 134 S.Ct. 746, 761, 187 L.Ed.2d 624 (2014) ; Goodyear Dunlop Tires Operations, S.A. v. Brown , 564 U.S. 915, 919, 131 S.Ct. 2846, 2851, 180 L.Ed.2d 796 (2011). A corporation is essentially at home where it is incorporated; where it maintains its principal place of business; or, in exceptional cases, where its continuous and systematic affiliations with the state render it essentially at *5home-where its continuous corporate operations are "so substantial and of such a nature as to justify suit ... on causes of action arising from dealings entirely distinct from those activities ." Daimler , 571 U.S. at 138-39, 134 S.Ct. at 761 (quoting International Shoe Co. v. Washington , 326 U.S. 310

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2018 MT 219, 426 P.3d 1, 392 Mont. 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deleon-v-bnsf-ry-co-mont-2018.