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Science, Computers & Technology Constitutional Law

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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

What Does This Mean For You?

by King & Spalding on

The Dreher case is significant and should be welcome news for defendants facing technical claims — often broad, putative class actions premised on allegations of hypothetical or informational injuries. The Fourth Circuit is...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

Supreme Court Ruling Promises To Reshape Major, Multiparty Litigation in Federal Court

In Bristol-Myers Squibb v. Superior Court of California, No. 16-466, slip op. (U.S., June 19, 2017), the United States Supreme Court provided further clarification regarding the exercise of personal jurisdiction over...more

Intellectual Property Newsletter - June 2017

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 3

This is Part 3 in my series exploring the history of FDA’s regulation of off-label communications, which has become newly relevant in light of the recent events highlighted in Part 1. In this installment, I continue...more

Spokeo And Standing: Fourth Circuit Applies Spokeo And Reverses Nearly $12 Million FCRA Action Judgment

by King & Spalding on

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act...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

Ninth Circuit En Banc Panel Holds that Central Hudson Survives Sorrell

by Reed Smith on

Last week we bashed a Ninth Circuit Daubert decision. We feel a little bit bad about that, not because the decision wasn’t bashworthy – no, Wendell really is a rotten precedent – but because we hate contributing to the...more

District of New Jersey Further Defines the Evolving Boundaries of Injury-in-Fact After Spokeo

by BakerHostetler on

On June 6, 2017, in Kamal v. J. Crew Grp, Inc., No. CV 2:15-0190, 2017 WL 2443062 (D.N.J. June 6, 2017), the United States District Court for the District of New Jersey dismissed a plaintiff’s second attempt to assert a claim...more

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

by Shearman & Sterling LLP on

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...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

Social Links: Instagram’s new tool to denote paid posts; the world’s 1st autonomous-vehicle public transportation system for the...

Instagram is now allowing a limited number of users to identify branded content with a “paid partnership” subhead instead of using hashtags like #ad and #sponsored to identify sponsored posts. The platform says it plans to...more

Supreme Court to Determine the Future of the PTAB’s Post-Grant Reviews

by Latham & Watkins LLP on

The key question for the Court is whether an agency or only an Article III court may cancel an issued patent - The Supreme Court granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC, No....more

Supreme Court Confirms Plaintiffs Cannot Manufacture Appellate Jurisdiction Over Class Certification Denials

by King & Spalding on

On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...more

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment 

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

US Supreme Court: class action plaintiffs cannot voluntarily dismiss claims in effort to appeal denial of class certification

by DLA Piper on

In a significant victory for class action defendants, whose success often depends on whether a class is certified, the US Supreme Court has ruled that federal courts of appeals lack jurisdiction under 28 USC §1291 to review...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 Says No to Appellate Gamesmanship

by McGuireWoods LLP on

Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court...more

Supreme Court Says No to Appellate Gamesmanship

by McGuireWoods LLP on

Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court...more

Supreme Court to consider constitutionality of inter partes reviews

by Dentons on

After rejecting three prior requests, the Supreme Court has now granted certiorari to decide whether inter partes review (IPR) is constitutional. In its petition filed November 23, 2016, Oil States Energy Services, LLC, asked...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

The Supreme Court - June 12, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: Sandoz Inc. v. Amgen Inc., No. 15-1039: The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), governs “biosimilar” drugs – a...more

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