News & Analysis as of

Supreme Court of the United States › Bristol-Myers Squibb

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
ArentFox Schiff

Shoe on the Other Foot? Why International Shoe May No Longer Be the Litmus Test for General Jurisdiction (Part One)

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In its upcoming October 2022 Term, the US Supreme Court is set to take up a challenge to how states are permitted to exercise jurisdiction over corporations. Mallory v. Norfolk Southern Railway Co., No. 21-1168, offers the...more

Jackson Lewis P.C.

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

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In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

King & Spalding

Supreme Court Scuttles Causation “requirement” For Specific Jurisdiction And Ninth Circuit Weighs In On Bristol-Myers Squibb

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In our last “Year in Review” issue covering developments in 2020, we examined opinions from three U.S. Courts of Appeals—the Fifth, Seventh, and D.C. Circuits—concerning the hotly contested issue of whether (and how) the...more

White and Williams LLP

Jurisdiction by Consent: Georgia Holds that Corporations Registered to do Business in the State Consent to Being Sued There

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In Cooper Tire & Rubber Co, v, McCall, No. S20G1368, 2021 Ga. LEXIS 626 (Cooper Tire), the Supreme Court of Georgia (Supreme Court) held that Georgia courts can exercise general personal jurisdiction over foreign corporations...more

Rumberger | Kirk

Ford vs. Forum Shopping: The Attempt to Limit Personal Jurisdiction to a “Causation Only” Analysis

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Personal jurisdiction is perhaps one of the most complicated areas in litigation.  Each successive case since International Shoe Co. v. Washington, seems to create more new questions than answers, and the unanimous decision...more

King & Spalding

Supreme Court Issues Landmark Personal Jurisdiction Decision

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In 2017, the Supreme Court issued an 8-1 opinion in Bristol-Myers Squibb holding that 592 plaintiffs who took the medication Plavix outside of California could not bring suit in California because personal jurisdiction was...more

ArentFox Schiff

Investigations Newsletter: Investment Bank To Pay Over $130 Million To Resolve Foreign Corrupt Practices Act and Fraud Allegations

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Deutsche Bank to Pay Over $130 Million to Resolve Foreign Corrupt Practices Act and Fraud Allegations - Deutsche Bank Aktiengesellschaft (Deutsche Bank) has agreed to pay more than $130 million to resolve the government’s...more

Morrison & Foerster LLP

Getting Specific: Supreme Court Once Again Examines Limits Of Personal Jurisdiction In Ford Motor Company Cases

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Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal...more

Dechert LLP

Personal Jurisdiction and Class Actions: D.C. and Seventh Circuit Address Whether Bristol-Myers Applies to Class Actions

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Following the Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court, class action defendants have arguments that there is no personal jurisdiction over non-resident class members in putative class actions brought...more

Cozen O'Connor

Supreme Court to Hear Specific Personal Jurisdiction Product Cases That Caused Harm in Forum States

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Recently, the U.S. Supreme Court agreed to hear a manufacturer’s challenge to two state supreme court decisions (Minnesota and Montana) that allowed plaintiffs to bring product defect suits in states where the manufacturer...more

Manatt, Phelps & Phillips, LLP

Trend Continues With Courts Striking Out-of-State Class Members

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A recent decision from the U.S. Supreme Court continues to work in favor of Telephone Consumer Protection Act (TCPA) defendants, with an Illinois federal court judge striking the plaintiff’s class definition with regard to...more

Morrison & Foerster LLP - Class Dismissed

California Class Actions: 2018 Update

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I. TWO SCOTUS DECISIONS THAT MATTERED - A. Litigation Tourism, Type 1: Bristol-Myers Squibb. - If you are sued by a “litigation tourist” in a class or mass action and suit is not brought in your home state, you now...more

Amundsen Davis LLC

Bristol-Meyer Squibb: The Death Of “Forum Shopping” Or “Same Old-Same Old”

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The United States Supreme Court recently decided that “California courts lack specific jurisdiction to entertain the nonresidents’ claims.” Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (U.S. June 19,...more

McCarter & English, LLP

“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

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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

Locke Lord LLP

BNSF v. Tyrrell: Supreme Court Discourages Forum Shopping by Reaffirming Restrictive Daimler Test for General Jurisdiction

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The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert...more

Morrison & Foerster LLP

Why The Supreme Court Must Revisit Personal Jurisdiction

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In its most recent decisions on personal jurisdiction, the U.S. Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to...more

Stinson LLP

U.S. Supreme Court Will Hear Case That Could Limit Out-of-State Product Liability Actions

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In September, we discussed several new trends in jurisdiction, including an opinion—Bristol-Myers Squibb Co. v. Superior Court of San Francisco County—in which the California Supreme Court held that hundreds of non-California...more

Morrison & Foerster LLP

What Part Did You Not Understand? Recent State-Court Decisions Require The U.S. Supreme Court To Address—Yet Again—The...

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In its most recent decisions on personal jurisdiction, the Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to the former,...more

Foley & Lardner LLP

District Court Applies Mayo To Treatment Claims But Denies Motion To Dismiss BMS Keytruda Litigation

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The U.S. District Court for the District of Delaware accepted Merck’s arguments that method of treatment patents asserted by BMS against its Keytruda product “touch[] upon a natural phenomenon” such that they should be...more

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