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Sonera Holding B.V. v. Cukurova Holding A.S.

United States Court of Appeals, Second Circuit

April 25, 2014

SONERA HOLDING B.V., Petitioner-Appellee,
v.
CUKUROVA HOLDING A. S., Respondent-Appellant. [*]

 Argued August 22, 2013

Appeal from orders of the United States District Court for the Southern District of New York (Denise L. Cote, Judge) dated September 21, 2012; December 21, 2012; April 18, 2013; and May 10, 2013. The district court held that it had personal jurisdiction over Ç ukurova based primarily on the New York contacts of several companies with which Ç ukurova is affiliated. The Supreme Court's decision in Daimler AG v. Bauman, 134 S.Ct. 746, 187 L.Ed.2d 624 (2014), reaffirms that general jurisdiction extends beyond an entity's state of incorporation and principal place of business only in the exceptional case where its contacts with another forum are so substantial as to render it " at home" in that state. For the reasons stated below, even assuming the activities of Cukurova's affiliates can be ascribed to it for the purposes of a general jurisdictional analysis, Ç ukurova lacks sufficient contacts with New York to render it " at home" there. We therefore REVERSE the district court's judgment denying Cukurova's motion to dismiss for lack of personal jurisdiction, VACATE the subsequent judgments of the district court, REMAND the case to the district court, and direct the court to DISMISS the action for lack of personal jurisdiction.

RICHARD J. HOLWELL (Michael Shuster, Dorit Ungar Black, Karen Andrea Grus, on the brief), Holwell Shuster & Goldberg LLP, New York, NY, for Respondent-Appellant.

PIETER VAN TOL (Andrew M. Behrman, Erin Marie Meyer, on the brief), Hogan Lovells U.S. LLP, New York, NY, for Petitioner-Appellee.

Before: WINTER, WESLEY, and CARNEY, Circuit Judges.

OPINION

Page 222

Per Curiam

Appeal from orders of the United States District Court for the Southern District of New York (Denise L. Cote, Judge ) dated September 21, 2012; December 21, 2012; April 18, 2013; and May 10, 2013. The district court held that it had personal jurisdiction over Cukurova based primarily on the New York contacts of several companies with which Cukurova is affiliated.

Page 223

The Supreme Court's decision in Daimler AG v. Bauman, 134 S.Ct. 746, 187 L.Ed.2d 624 (2014), reaffirms that general jurisdiction extends beyond an entity's state of incorporation and principal place of business only in the exceptional case where its contacts with another forum are so substantial as to render it " at home" in that state. For the reasons stated below, even assuming the activities of Cukurova's affiliates can be ascribed to it for the purposes of a general jurisdictional analysis, Cukurova lacks sufficient contacts with New York to render it " at home" there. We therefore REVERSE the district court's judgment denying Cukurova's motion to dismiss for lack of personal jurisdiction, VACATE the subsequent judgments of the district court, REMAND the case to the district court, and direct the court to DISMISS the action for lack of personal jurisdiction.

BACKGROUND

Sonera Holding B.V. (" Sonera" ), a Dutch holding corporation, brought suit in the United States District Court for the Southern District of New York to enforce a final arbitration award against Cukurova Holding A.Ş . ("Cukurova" ), the parent company of a large Turkish conglomerate. The parties' underlying dispute arose out of negotiations for Cukurova's sale to Sonera of shares in Turkcell Holding A.Ş . (" Turkcell Holding" ), a Turkish joint stock company that owns a controlling stake in Turkey's largest mobile phone operator. Following failed negotiations and a protracted proceeding before an arbitral tribunal in Geneva, Switzerland, the tribunal found that the parties concluded a share purchase agreement and ordered Cukurova to pay Sonera $932 million in damages for its failure to deliver the shares.

Sonera filed applications for enforcement in jurisdictions across the world, including the British Virgin Islands, Switzerland, the Netherlands, and, as relevant here, the Southern District of New York.

Rejecting Cukurova's contention that New York lacked personal jurisdiction over it, the district court issued four orders, from which Cukurova now appeals, confirming the arbitration award in favor of Sonera; denying a motion to reconsider; issuing a preliminary injunction preventing Cukurova from engaging in ...


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