931 without the protection of such a rule foreign

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931 Without the protection of such a rule, foreign corporations would be exposed to the manifest hard- ship and inconvenience of defending, in any state in which they hap- pened to be carrying on business, suits for torts wherever commit- ted and claims on contracts wherever made. 932 And if the corporation stopped doing business in the forum state before suit against it was 927 E.g. , Pennsylvania Fire Ins. Co. v. Gold Issue Mining & Milling Co., 243 U.S. 93 (1917); St. Louis S.W. Ry. v. Alexander, 227 U.S. 218 (1913). 928 Daimler AG v. Bauman, 571 U.S. ___, No. 11–965, slip op. at 8 (2014) (quot- ing Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 920 (2011)) (hold- ing Daimler Chrysler, a German public stock company, could not be subject to suit in California with respect to acts taken in Argentina by Argentinian subsidiary of Daimler, notwithstanding the fact that Daimler Chrysler had a U.S. subsidiary that did business in California). 929 Id. at 18–19. 930 Id. at 20 n. 19. For example, the Court held that an Ohio court could exer- cise general jurisdiction over a defendant corporation that was forced to relocate tem- porarily from the Philippines to Ohio, making Ohio the “center” of the corporation’s activities. See Perkins v. Benguet Consol. Mining Co., 342 U.S. 437, 447–48 (1952). 931 See BNSF R.R. Co. v. Tyrrell, 581 U.S. ___, No. 16–405, slip op. at 11–12 (2017) (holding that Montana courts could not exercise general jurisdiction over a railroad company that had over 2,000 miles of track and more than 2,000 employ- ees in the state because the company was not incorporated or headquarted in Mon- tana and the overall activity of the company in Montana was not “so substantial” as to render the corporation “at home” in the state). 932 E.g. , Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408 (1984); Da- vis v. Farmers Co-operative Co., 262 U.S. 312 (1923); Rosenberg Bros. & Co. v. Cur- tis Brown Co., 260 U.S. 516 (1923); Simon v. S. Ry., 236 U.S. 115, 129–30 (1915); Green v. Chicago, B. & Q. Ry., 205 U.S. 530 (1907); Old Wayne Life Ass’n v. McDonough, 204 U.S. 8 (1907). Continuous operations were sometimes sufficiently substantial and of a nature to warrant assertions of jurisdiction. St. Louis S.W. Ry. Co. v. Alexander, 227 U.S. 218 (1913); see also Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915, 922 (2011) (distinguishing application of stream-of-commerce analysis in specific cases of in-state injury from the degree of presence a corporation must main- tain in a state to be amenable to general jurisdiction there). 2002 AMENDMENT 14—RIGHTS GUARANTEED
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commenced, it might well escape jurisdiction altogether. 933 In early cases, the issue of the degree of activity and, in particular, the de- gree of solicitation that was necessary to constitute doing business by a foreign corporation, was much disputed and led to very particu- laristic holdings. 934 In the absence of enough activity to constitute doing business, the mere presence of an agent, officer, or stock- holder, who could be served, within a state’s territorial limits was not sufficient to enable the state to exercise jurisdiction over the foreign corporation.
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