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Supreme Court of the United States › Forum Shopping

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 -
Benesch

Starbucks Union Dispute Reaches Supreme Court

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On Friday, January 12, the United States Supreme Court agreed to hear an appeal from Starbucks on a case involving the termination of seven Memphis, Tennessee employees....more

Venable LLP

Should I Register My Entity to Do Business in a State? Supreme Court Case Reminds Us of the Scope of Considerations

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Clients frequently ask whether a business entity needs to register to do business in a particular state with which the entity has begun to have some degree of ongoing contact. In responding we typically consider the state's...more

Jones Day

U.S. Supreme Court Allows Personal Jurisdiction Based on Corporate Registration

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The decision risks opening the door to increased forum shopping in states with consent-by-registration systems, but significant questions remain about the extent of those risks....more

Allen Matkins

Will Mallory Derail Delaware's Dominance?

Allen Matkins on

Last November, I questioned whether Mallory v. Norfolk Southern Railway Co., U.S. S. Ct. Case No. No. 21-1168 will wipe out Delaware's hegemony over corporate litigation.  In a recent post, Professor Josh Blackman considers...more

Dorsey & Whitney LLP

The Supreme Court - March 25, 2021

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Ford Motor Co. v. Montana Eighth Judicial Dist., No. 19-368; Ford Motor Co. v. Bandemer, No. 19-369: In two separate products liability actions, petitioner Ford Motor Company challenged the Montana and Minnesota State courts’...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court 2020 Term Preview

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The first months of the Supreme Court’s 2020 term have had an aura of fatigue: a nation gripped by the COVID-19 pandemic, a court adjusting to a new colleague and an unusually light caseload (to be argued by telephone)....more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

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Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Blank Rome LLP

Strategically Leveraging the Personal Jurisdiction Requirement to Put the Brakes on Litigation Tourism & Forum Shopping

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I. Why It Matters - Until recently, personal jurisdiction over corporate defendants had been expanding significantly in scope through the reliance on tenuous corporate contacts or business conducted by a defendant in a...more

Steptoe & Johnson PLLC

Talc Defendant to Appeal Recent Missouri Verdict

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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

Bradley Arant Boult Cummings LLP

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

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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

Dorsey & Whitney LLP

TC Heartland’s One Year Anniversary: Changes in Patent Venue

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It’s been one year since the TC Heartland decision was issued by the Supreme Court, and it’s had a big impact on patent litigation. See TC Heartland LLC v. Kraft Food Brands LLC, 137 S. Ct. 1514, 1521 (May 22, 2017)....more

Mintz - Intellectual Property Viewpoints

Federal Circuit clarifies that patent venue is proper only in a single judicial district within a multi-district state

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In our continuing coverage of the post-TC Heartland landscape, the Federal Circuit recently clarified that venue is proper in only one district per state in In re BigCommerce, Inc., 2018-122 (Fed. Cir. May 15, 2018) (slip...more

Foley & Lardner LLP

Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

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The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to...more

Morrison & Foerster LLP

Bristol-Myers Squibb: A Dangerous Sword

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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

WilmerHale

Not At Home: Reining in General Personal Jurisdiction After BNSF Railway Co. v. Tyrrell

WilmerHale on

BNSF Railway Co. v. Tyrell redefined the contours of a court’s jurisdictional reach by effectively subjecting corporations to general personal jurisdiction only in those states where they are incorporated or have their...more

Carlton Fields

District Courts Split On Whether Bristol-Myers Squibb’s Specific Personal Jurisdiction Analysis Bars Nationwide Class Actions In...

Carlton Fields on

The ramifications of the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017), remain unsettled. ...more

Foley & Lardner LLP

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

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In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

Pierce Atwood LLP

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

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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

Jones Day

Key Patent Decisions of 2017

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In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Signals Limits on Class Action Forum Shopping

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The Supreme Court’s decision last summer in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), is my pick for “2017 Class Action Practitioners’ Case of the Year”––and it’s not even a class case....more

Mintz - Intellectual Property Viewpoints

Defendants Waived Venue Challenge After Waiting Four Months After TC Heartland Decision to Move

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In a recent development from the Eastern District of Texas, Magistrate Judge Roy S. Payne concluded that defendants Globalfoundries, Qualcomm, and Samsung waited too long prior to moving to dismiss or transfer the case due to...more

Goulston & Storrs PC

Supreme Court Removes Patent Litigation from the Heartland of Texas

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For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more

Dechert LLP

Developments in Global Securities Litigation

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As securities markets become increasingly interconnected, multi- national public corporations continue to be a part of a significant sea change in the globalization of securities fraud litigation—a change that began with the...more

Morgan Lewis

Federal Circuit Holds TC Heartland Is an Intervening Change in the Law

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The court offers clarification on a patent litigation venue issue that has caused “widespread disagreement” nationwide....more

Morgan Lewis

Federal Circuit Clarifies Venue Law in the Wake of TC Heartland

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On September 21, the US Court of Appeals for the Federal Circuit issued an opinion in In re: Cray Inc. clarifying how district courts should determine whether a patent infringement defendant maintains a “regular and...more

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