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Products Liability Constitutional Law

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Torts – U.S. Supreme Court Limits California Jurisdiction

by Low, Ball & Lynch on

Bristol-Myers Squibb Company v. Superior Court California, San Francisco County, et al. - United States Supreme Court (June 19, 2019) - More than 600 plaintiffs (most of whom were not California residents) brought...more

PhRMA Comment on the FDA’s Proposed Off-label Rule: The Rule of Law is the Best Medicine

by Reed Smith on

The FDA cannot get out of its own way on the issue of off-label communications. Its power to punish off-label promotion comes from an odd regulatory two-step, whereby off-label promotions are said to prove an indicated use...more

Justice Thomas’ Concurring Opinion in Microsoft Corp. v. Baker: A Useful Reminder

by Pierce Atwood LLP on

On June 12th, the Supreme Court issued its unsurprising decision in Microsoft Corp. v. Baker, addressing a relatively recent twist concerning the appealability of orders denying class certification. The case resulted in...more

U.S. Supreme Court Again Limits Forums for Suits Against Corporations

by Lathrop Gage on

Last month, the U.S. Supreme Court held that due process restricts a state court’s power to exercise “general” (i.e. all-purpose) jurisdiction to hear any and all claims against a defendant. General jurisdiction exists only...more

U.S. Supreme Court’s Narrow Application Of Specific Jurisdiction Will Impede Forum Shopping In Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Bristol-Myers Squibb Company v. Superior Court of California, et al., No. 16-466 (U.S. June 19, 2017), the U.S. Supreme Court articulated the narrow circumstances under which specific jurisdiction will...more

SCOTUS Squashes Class Action Plaintiff Attempt to Obtain Review of Class Certification

by Moore & Van Allen PLLC on

The reality of class action litigation is that what is supposed to be the court’s preliminary decision of whether to certify a case as a class action is often the end of the litigation. In many cases, plaintiffs will not...more

Class Action Defendants Win Home Court Advantage in Supreme Court Ruling on Specific Jurisdiction in Bristol-Myers Case

by Fenwick & West LLP on

In a decisive 8-1 vote, the U.S. Supreme Court rejected a theory of specific jurisdiction that would allow a state court to assert specific jurisdiction over the claims of out-of-state plaintiffs whose claims were not...more

U.S. Supreme Court Limits the Exercise of Specific Personal Jurisdiction by State Courts

by Dickinson Wright on

The U.S. Supreme Court recently tightened the reins when it comes to state courts’ exercise of case-based, specific personal jurisdiction over out-of-state companies. In Bristol-Myers Squibb Co. v. Superior Court of...more

Law Review Article on Off-label is On Target

by Reed Smith on

More than once we’ve said that we read law review articles so you don’t have to. We separate the wheat from the chaff. The wheat is scarce. That is because law review articles usually drown the little bits of objective...more

Getting Specific about Specific Jurisdiction: Bristol-Myers Squibb

On June 19, the United States Supreme reaffirmed some basic principles of personal jurisdiction in Bristol-Meyers Squibb Co. v. Superior Court of California, 528 U.S. __ (2017). In a bloody-good 8-1 decision (with only...more

Multi-State Class Actions After the Supreme Court’s Decision in Bristol-Myers Squibb Co. v. Superior Court

by Pierce Atwood LLP on

On June 19th, the Supreme Court issued a decision that could have important consequences for multi-state class actions. In Bristol-Myers Squibb Co. v. Superior Court, the Court addressed the question whether a California...more

Supreme Court Solidifies Specific Jurisdiction Analysis To Dismiss Product Claims Filed Against Non-Resident Defendant,...

by Cozen O'Connor on

Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of...more

U.S. Supreme Court Issues Anti-Forum Shopping Jurisdictional Decision

As anticipated, the just-released U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court, No. 16-466, 2017 WL 2621322 (U.S. June 19, 2017), establishes an important limitation in the law of personal...more

Supreme Court Ruling Curtails Forum-Shopping

by Jackson Walker on

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision,...more

U.S. Supreme Court Reverses California’s Sliding Scale Approach to Specific Personal Jurisdiction

On June 19, 2017, in Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held, by a vote of 8 to 1, that California courts lack specific jurisdiction to entertain a nonresident’s claims that are...more

SCOTUS Rules CA Courts Lack Specific Jurisdiction to Entertain Injury Claims by Non-Residents (Bristol-Myers)

by Selman Breitman LLP on

The U.S. Supreme Court has struck down the ability of non-California residents to sue defendants in California courts for injury claims that have no connection to California, even where defendants have extensive business...more

Daimler Here to Stay: SCOTUS Overturns California Court’s Exercise of Jurisdiction Over Out-of-State Plaintiffs

by Ballard Spahr LLP on

Following on the heels of BNSF Railway Company v. Tyrrell last month, the Supreme Court, by an 8-1 margin in Bristol-Myers Squibb v. Superior Court of California, has reaffirmed the jurisdictional holding of its 2014 Daimler...more

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification

The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more

Supreme Court Rejects Creative Dismissal Strategy To Engineer Appellate Review Of Order Denying Class Certification

Takeaway: The United States Supreme Court has rejected a tactic used by the plaintiffs’ bar to obtain appellate court review of an order denying class certification despite a settlement of the named plaintiffs’ claims....more

Game Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable Means to Appeal a Denial of Class Certification

by Carlton Fields on

A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox...more

Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker

Introduction. On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al., a closely watched case in the class action world, and one on which we previously reported here. Baker presented the...more

U.S. Supreme Court Rules That Plaintiffs’ Voluntary Dismissal Does Not Transform A Decision Denying Class Certification Into An...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Microsoft Corp. v. Baker, No. 15-457 (U.S. June 12, 2017), the U.S. Supreme Court ruled on a procedural issue that is of importance in any class action in terms of when and in what circumstances a...more

Speaking of the First Amendment...

by Reed Smith on

Now that Dr. Scott Gottlieb is safely installed as FDA Commissioner, we at DDLaw can end our moratorium on blogposts about First Amendment issues. There was no way we wanted to give his opponents any ammunition by saying nice...more

N.D. Alabama Issues Mixed Bag of Branded Preemption Rulings

by Reed Smith on

We like bright lines in the law. They streamline arguments for lawyers and, more important, they make it easier for non-lawyers to conduct their affairs with some degree of predictability. Rear-end a car and you’re liable,...more

Closing the Door on Hybrid Product Defect/Fraud Claims

On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC...more

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