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State Court Relies Upon Supreme Court’s Bristol-Meyers Squibb Decision to Vacate Jury Verdict Against J&J

by Cozen O'Connor on

The Supreme Court limited a striking vulnerability for product manufacturers in Bristol-Myers Squibb Co. v. Superior Court of California this summer when it ruled that out-of-state plaintiffs could not simply claim injuries...more

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

by Miles & Stockbridge P.C. on

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

Torts – U.S. Supreme Court Limits California Jurisdiction

by Low, Ball & Lynch on

Bristol-Myers Squibb Company v. Superior Court California, San Francisco County, et al. - United States Supreme Court (June 19, 2019) - More than 600 plaintiffs (most of whom were not California residents) brought...more

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

by 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

Guidance for Companies Picking a State for Operations in the U.S.

New District Court Opinion Discussing the Scope of Specific Jurisdiction After Bristol-Myers Squibb Co. v. Superior Court of San Francisco County,582 U.S. ____ (2017) – Wow, that was quick! A District Court Judge from the...more

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

by Lathrop Gage 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

U.S. Supreme Court Reins in Attempts to Expand Jurisdiction

This past Monday, the U.S. Supreme Court drastically changed the landscape of mass tort litigation. In Bristol-Myers Squibb Co. v. Superior Court of California, the Court found that the State of California did not have...more

Jurisdictional Reach of State Courts Limited

The U.S. Supreme Court reversed a closely-watched California Supreme Court ruling on Monday, finding that California state courts did not have specific jurisdiction to hear the claims of nonresident plaintiffs in a class...more

Supreme Court Solidifies Specific Jurisdiction Analysis To Dismiss Product Claims Filed Against Non-Resident Defendant,...

by Cozen O'Connor on

Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of...more

US Supreme Court strikes death blow against forum shopping in mass actions by limiting personal jurisdiction

by DLA Piper on

On Monday, the US Supreme Court continued its recent trend of contracting personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, No. 16-466, 582 U.S. ___ (2017) by holding...more

Supreme Court Tightens Personal Jurisdiction Requirements

by Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

SCOTUS Finally Ends Litigation Tourism In Product Liability Suits

by Shipman & Goodwin LLP on

The United States Supreme Court fundamentally changed the practice of product liability litigation in the United States by finally doing away with the “litigation tourism” industry – the common practice of out-of-state...more

Anatomy of a Price Gouging Case

by Carlton Fields on

Severe and sustained drought conditions in Florida have sparked large wildfires across the state. With thousands of acres that have already burned, and more than 100 active wildfires, Florida Governor Rick Scott recently...more

Update: US Supreme Court Grants Certiorari on California Personal Jurisdiction Case

by Latham & Watkins LLP on

Nation’s highest court agrees to hear appeal of a California Supreme Court case with far-reaching implications for personal jurisdiction. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior Court...more

Guest Post – Tis Better to Try and Fail, Then to Have Never Tried At All: Internal Corporate Policies Do Not Create a Heightened...

by Reed Smith on

What follows is a guest post by Cara DeCataldo, a Reed Smith associate, who gamely stepped up to the plate to research one of a number of blogging topics that have been hanging fire for some time now. This topic is a type of...more

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

by Latham & Watkins LLP on

The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

California Supreme Court Invites Suits against Defendants Doing Any Business in California

by Cozen O'Connor on

In a hotly contested 4-3 decision, the California Supreme Court in Bristol-Myers Squibb Company v. The Superior Court of San Francisco County, 2016 WL 4506107 greatly expanded the concept of specific jurisdiction to allow a...more

Second Circuit Stresses Control, Not Attribution, In Applying Janus’s “Ultimate Authority” Test, And Also Allows Expert Testimony...

by Shearman & Sterling LLP on

In Janus Capital, the Supreme Court established the “ultimate authority” test to determine who may be liable under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) as a “maker” of a materially misleading...more

CPSC Maxes Out and Obtains Record $15.45 Million Civil Penalty

by Kelley Drye & Warren LLP on

Good Friday was not so good for Gree Electric Appliances, Inc., because the CPSC announced that it had reached a record-setting $15.45 million settlement with the company regarding dehumidifiers it manufactured and imported....more

Objections to Document Demands Under Amended Rule 34

by Wilson Elser on

The approach of objecting to document demands with boilerplate language containing half a dozen or more objections that have no actual nexus to the demands at issue has been used by litigators for decades. However, this...more

Defense and Indemnity Demands in Today’s Global Marketplace

by Wilson Elser on

In defending product liability cases, product manufacturers, sellers and distributors often tender a request for defense and indemnity from claims to one of their business partners. Typically, the tender arises from two...more

Environmental Liability of Dissolved Corporations in Delaware is Forever

Ever since the Supreme Court’s decision in Citizen’s United, an effort has been made to humanize corporations, culminating in Mitt Romney’s infamous pronouncement that “Corporations are people my friend.” Now it turns out...more

Oklahoma Supreme Court Declares Comprehensive Lawsuit Reform Act Of 2009 Unconstitutional

The Oklahoma legislature enacted the Comprehensive Lawsuit Reform Act of 2009, or H.B. 1603, to limit corporate liability for personal injury by curbing the availability of class actions and limiting product liability cases....more

Weekly Law Resume - May 23, 2013: Insurers May Exercise the Attorney-Client Privilege On Behalf of Dissolved Corporate Insured

by Low, Ball & Lynch on

Mary Melendrez et al., v. Superior Court of the State of California, County of Los Angeles - COURT OF APPEAL, SECOND APPELLATE DISTRICT (April 30, 2013) - Petitioners and Plaintiffs Mary Melendrez, individually and...more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

by Cozen O'Connor on

Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more

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