IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

PENNSYLVANIA NATIONAL ) MUTUAL CASUALTY ) INSURANCE CO., ) ) Plaintiff, ) Civil Action No. 20-409 ) v. ) Judge Cathy Bissoon ) FORD MOTOR COMPANY, ) ) Defendant. )

ORDER

Defendant’s Motion to Dismiss (Doc. 15) is GRANTED IN PART and DENIED IN PART. Defendant’s personal-jurisdiction challenge is resolved, in Plaintiff’s favor, under the consent-by-registration theory in Bane v. Netlink, Inc.,

(3d Cir. 1991).

; accord Kraus v. Alcatel-Lucent,

, 73-75 & n.16 (E.D. Pa. 2020) (collecting cases finding that Bane survives Daimler, and rejecting the modest minority holding to the contrary). Bane and Kraus recently were endorsed in another case in this District, Tupitza v. Texas Roadhouse Mgmt. Corp.,

, *3-4 (W.D. Pa. Oct. 21, 2020); their reasoning is sound; and their analyses are incorporated by reference herein. As to Defendant’s request for dismissal of Count III of the Complaint, Plaintiff concedes the point, and the Motion is granted to that extent. IT IS SO ORDERED.

February 18, 2021 s/Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification):

All Counsel of Record