This Note argues that without the finding of an agency or alter-ego relationship between a parent and its subsidiary, the acts of a subsidiary cannot, under the doctrine of corporate separateness, be attributed to a parent. Unless the acts of a subsidiary can be attributed to the parent, the existence of the parent-subsidiary relationship alone cannot supply the minimum contacts needed to confer jurisdicition on a court over an alien parent. Part I of this Note will discuss the corporation as a legal entity and the doctrine of corporate seperateness. After an examination of the pertinent United States Supreme Court cases on the jurisdiction, an analysis of recent lower court cases on parent and subsidiary corporations will follow in Part II. Part III will compare the statutory and case law of the United Kingdom. Finally, Part IV will analyze whether the current movement in the United States towards expanded jurisdiction is desirable in an international context.
Jurisdiction Over Alien Corporations Based on the Activities of Their Subsidiaries in the Forum: Whither the Doctrine of Corporate Separateness?,
9 Fordham Int'l L.J. 540
Available at: https://ir.lawnet.fordham.edu/ilj/vol9/iss3/3