News & Analysis as of

Mass Tort Litigation Bristol-Myers Squibb Co v Superior Court of California - San Francisco County

Jackson Lewis P.C.

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Foley & Lardner LLP

D.C. Circuit Sidesteps Bristol-Myers Personal Jurisdiction Defense in Class Action, but Seventh Circuit Rejects It

Foley & Lardner LLP on

This week, two federal appellate courts published notable opinions on the intersection between personal jurisdiction jurisprudence and Rule 23 class action procedure. The defendants in both cases face nationwide class...more

Robinson+Cole Class Actions Insider

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal...more

Faegre Drinker Biddle & Reath LLP

Federal Courts Continue to Split Over Whether They Have Personal Jurisdiction Over Claims Brought By Non-Forum Class Members...

For years, the plaintiffs’ bar has crammed thousands of non-forum class members into a single action in order to more easily justify broader discovery requests, and to more quickly aggregate statutory damages. And many...more

Mintz

TCPA Class Action Update: Whole Foods Seeks Guidance from the US Court of Appeals for the DC Circuit: Does Bristol-Myers Apply to...

Mintz on

In 2017, the United States Supreme Court decided the Bristol-Myers Squibb case, which limited state court jurisdiction. Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1777 (2017). In Bristol-Myers, 600...more

Carlton Fields

A Treat For Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

Carlton Fields on

As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. ...more

Steptoe & Johnson PLLC

Talc Defendant to Appeal Recent Missouri Verdict

Steptoe & Johnson PLLC on

A defendant in a talc jury trial intends on appealing a recent verdict reached in a Missouri case involving twenty-two plaintiffs who claimed that the defendant’s talcum powder contained asbestos and that they developed...more

K&L Gates LLP

Pennsylvania Superior Court Holds That Registering to Do Business in Pennsylvania Constitutes Consent to Personal Jurisdiction...

K&L Gates LLP on

Companies facing mass tort and product liability claims ranging from asbestos to pharmaceuticals have undoubtedly been monitoring developments related to personal jurisdiction in the wake of the U.S. Supreme Court’s landmark...more

Womble Bond Dickinson

Doubling Down: Court Holds a Second Time That Bristol-Myers-Squibb Applies to Class Actions

Womble Bond Dickinson on

In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S.Ct. 1773 (2017), the Supreme Court held a state court did not have specific jurisdiction in a mass tort action over the non-resident defendant as to the...more

Bradley Arant Boult Cummings LLP

Personal Jurisdiction over Non-resident Class Members? District Courts Diverge on Application of Bristol-Myers Squibb to...

Following the Supreme Court’s landmark personal-jurisdiction decision in Bristol-Myers Squibb, federal district courts have continued to disagree about whether to apply the court’s holding to cases involving nationwide class...more

Kilpatrick

Deepening district court discord on application of Bristol-Myers to class actions highlights need for appellate guidance

Kilpatrick on

District courts continue to split on whether to apply the Supreme Court’s holding in Bristol-Myers, a case limiting personal jurisdiction over non-resident multistate mass tort claimants, to the class action context. This...more

Morrison & Foerster LLP

Bristol-Myers Squibb: A Dangerous Sword

On June 19, 2017, the U.S. Supreme Court issued a decision that has the potential to reshape the way class actions are litigated in courts throughout the country. In Bristol-Myers Squibb Co. v. Superior Court of California,...more

Mintz

Monthly TCPA Digest - April 2018

Mintz on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a recent Illinois federal court ruling...more

Pierce Atwood LLP

Federal District Courts Tackle Application of Bristol-Myers Squibb Co. v. Superior Court to Class Actions

Pierce Atwood LLP on

In June 2017, we wrote about the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) and how it would likely affect attempts by plaintiffs to pursue multi-state or nationwide class...more

Akin Gump Strauss Hauer & Feld LLP

Judge Dismisses Nationwide Class Claims for Lack of Jurisdiction Following Bristol-Myers

• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more

Miles & Stockbridge P.C.

Personal Jurisdiction Defense Gaining Traction in Mass Tort Litigation

Miles & Stockbridge P.C. on

For the past several years the United States Supreme Court has sought to clarify the proper exercise of specific personal jurisdiction over foreign corporate defendants. This issue is particularly applicable in mass tort...more

Miles & Stockbridge P.C.

U.S. Supreme Court Clarifies Constitutional Limits on Specific Jurisdiction Over Foreign Defendants…Again

Since 2011, the U.S. Supreme Court has continued to roll back the expansion of personal jurisdiction by lower courts and has set more limitations on where a plaintiff can sue corporate defendants. We have watched this unfold...more

Morrison & Foerster LLP

Bristol-Myers Squibb: The Aftermath

Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017) (“BMS”). Mass tort defendants...more

Cozen O'Connor

The Supreme Court Gets “Specific” on Jurisdiction

Cozen O'Connor on

For the second time in the last three years, the U.S. Supreme Court has addressed the constitutional limits of a court’s ability to exercise jurisdiction over a defendant. The 14th Amendment limits the personal jurisdiction...more

Alston & Bird

U.S. Supreme Court Decisions Curb Forum Shopping in State Courts

Alston & Bird on

In its two recent 8–1 decisions, BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California, the U.S. Supreme Court doubled down on its 2014 landmark personal jurisdiction ruling in Daimler AG v....more

Lathrop GPM

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

Lathrop GPM 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

Seyfarth Shaw LLP

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

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

Latham & Watkins LLP

Update: US Supreme Court Reverses California’s Expansion of Personal Jurisdiction

Latham & Watkins LLP on

Nation’s highest court reverses California Supreme Court decision that extended the jurisdictional reach of state courts. In the 2016 case Bristol-Myers Squibb Co. v. Superior Court (Anderson), the California Supreme Court...more

Fenwick & West LLP

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

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

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide