Litigation developments: federal forum provisions
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]
The United States District Court of Massachusetts recently published a decision regarding the constitutional inquiry for specific personal jurisdiction. In Chouinard v. Marigot Beach and Dive Resort, the court ruled that...more
IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in...more
This week, the Ninth Circuit addresses the constitutionality of a school district’s decision to revoke official status for a student group that disapproves of same sex relationships, and the minimum contacts necessary to...more
This week, the Ninth Circuit clarifies personal jurisdiction doctrine in the context of a defamation suit between a nonresident plaintiff and out-of-state defendants. BURRI LAW PA v. SKURLA - The Court vacates the...more
The Federal Circuit has held that communications related to buying or licensing patents can form the basis for personal jurisdiction in a patent infringement lawsuit. The case of APPLE INC. v. ZIPIT WIRELESS, INC....more
The concept of “presence” for jurisdictional purposes has evolved with the widespread use of websites, social media and other digital platforms. A company or individual may have no physical presence in a forum, but may...more
Executive Summary: The Sixth U.S. Circuit Court of Appeals (the federal appeals court with jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) recently held that Fair Labor Standards Act (FLSA) lawsuits filed on behalf...more
In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA)...more
Insurance companies operate nationwide, no pun intended, and with that area of coverage comes more than their fair share of litigation. Common to each and every case is the consideration of whether the court has personal...more
The U.S. Supreme Court recently heard oral arguments on two potentially groundbreaking personal jurisdiction cases known as “the Ford cases.” In this third episode from our series on Personal Jurisdiction, Rasch Brown, Gary...more
How is it that in 2020, we are still discussing personal jurisdiction? Wasn’t this decided in the last century? What has changed? These questions have become increasingly relevant following sea change decisions in Goodyear,...more
Seyfarth Synopsis: Recent activity within the federal Courts of Appeals this spring may prompt Supreme Court resolution of a central and unsettled issue concerning personal jurisdiction in the class-action context causing...more
The Seventh Circuit and District of Columbia Circuit Courts of Appeals recently considered an issue that has been debated by class action lawyers on both sides of the “v” for several years: whether the Supreme Court’s...more
Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more
On Friday afternoon, the Supreme Court of the United States granted certiorari in the following cases: Ford Motor Co. v. Montana Eighth District Court, No. 19-368; Ford Motor Co. v. Bandemer, No. 19-369: Whether the...more
Personal jurisdiction was not a commonly pursued defense in product liability for a number of years because of the less-than-favorable state of general jurisdiction. ...more
This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific...more
The Supreme Court’s recent decision in BNSF Ry. Co. v. Tyrrell (BNSF), No. 16-405, 2017 WL 2322834, (U.S. May 30, 2017) demonstrates why personal jurisdiction should be examined in response to every lawsuit filed against a...more
Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more
On March 12, the United States District Court for the Southern District of Indiana joined the District of Delaware and Eastern District of Texas as the first courts to consider a generic drug manufacturer’s motion to dismiss...more
New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more