News & Analysis as of

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

Maron Marvel Bradley Anderson & Tardy LLC

Mr. Mallory Goes to Washington?

It would not be surprising to find Mallory v. Norfolk Southern Railway Co. become mandatory class material across law schools in the future. The case presents a thought-provoking discussion of specific and general...more

Smith Anderson

Two Cases Involving Personal Vehicles Lead the Way on Personal Jurisdiction

Smith Anderson on

The law on specific personal jurisdiction is difficult to apply. This case - likely to be one of many such examples - shows why. Originally published on LAW.COM - March 15, 2022....more

Miles Mediation & Arbitration

Biden Nominee Will Decide Future of FLSA Collective Actions

If confirmed, President Biden’s nominee to the Supreme Court, Ketanji Brown Jackson, will likely participate in deciding a critical issue in FLSA collective action litigation: whether federal courts have jurisdiction over...more

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Fisher Phillips on

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Creates Split Regarding Federal Court Jurisdiction Over FLSA Multistate Collective Actions

On January 13, 2022, in Waters v. Day & Zimmermann NPS, Inc., the First Circuit Court of Appeals became the third federal appellate court to address the application of the Supreme Court of the United States’ decision in...more

King & Spalding

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

King & Spalding on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more

FordHarrison

Sixth Circuit Limits the Scope of Collective Actions

FordHarrison on

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

Littler

Circuit Courts Endorse Limiting Jurisdiction in FLSA Collective Actions

Littler on

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

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Vacates Certification of Nationwide Classes, Holding that Defendant Did Not Waive Personal Jurisdiction Challenge by...

On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Class Objections And Robocalls

This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on...more

Rumberger | Kirk

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

Rumberger | Kirk on

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 Rejects “Causation-Only” Approach to Specific Personal Jurisdiction, Deeming Connection Between Plaintiffs’ Claims...

King & Spalding on

On March 25, 2021, the United States Supreme Court unanimously held that the doctrine of specific personal jurisdiction does not turn solely on whether the defendants' activities in the forum state “gave rise to” the...more

Jones Day

Personal Jurisdiction After the Supreme Court's Decision in Ford: What Has Changed?

Jones Day on

The Supreme Court's recent decision in Ford is sure to be framed by some as expanding—perhaps quite significantly—the availability of specific personal jurisdiction under the Due Process Clause. But the decision should not be...more

Latham & Watkins LLP

Update: US Supreme Court Addresses Specific Personal Jurisdiction Again

Latham & Watkins LLP on

Nation’s highest court rejects narrow causation test for specific jurisdiction and affirms requirement that forum contacts “relate to” the claim. In the 2017 case Bristol-Myers Squibb Co. v. Superior Court, the United...more

Smith Anderson

Where Can We Be Sued? The Supreme Court Steers Away from a Clear Answer in Ford Motor Co.

Smith Anderson on

A driver bought a used Ford Crown Victoria in Minnesota. Later, while driving on a rural road with a friend in the passenger seat, he collided with a snow plow. The car landed in a ditch, and its passenger-side air bag did...more

Holland & Knight LLP

Supreme Court Changes Gears on Specific Personal Jurisdiction

Holland & Knight LLP on

The U.S. Supreme Court on March 25, 2021, ruled in an 8-0 decision that the connection between the plaintiffs' claims and Ford Motor Co.'s activities in the forum states supported the exercise of specific jurisdiction over...more

Smith Gambrell Russell

United States Supreme Court Unanimously Rejects a Causal Link Requirement in Specific Jurisdiction Inquiry

Smith Gambrell Russell on

A unanimous U.S. Supreme Court held in Ford Motor Co. v. Montana Eighth Judicial District Court that the connection between Ford’s activities in a forum state and products liability claims was close enough to support specific...more

White and Williams LLP

SCOTUS Scuttles Forum Shopping Litigation Tourists

White and Williams LLP on

For the seventh time in eleven years, the U.S. Supreme Court has curtailed the Constitutional concept of in personam jurisdiction. Superficially, Ford Motor Company v. Montana Eighth Judicial District Court appears to be a...more

Fisher Phillips

Drawing Lines: Where Do Courts Stand On Permitting FLSA Collective Actions Involving Out-Of-State Plaintiffs?

Fisher Phillips on

The application of a key Supreme Court decision remains an important issue for multi-state employers defending federal collective action wage and hour claims – but are we any closer to getting clarity on what remains a...more

Kilpatrick Townsend & Stockton LLP

SCOTUS Denies Cert on Seventh Circuit Refusal to Apply Bristol-Myers Personal Jurisdictional Ruling to Class Actions

Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional ruling in Bristol-Myers to class actions. We then wrote an update that the Seventh...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Declines to Resolve Whether Its Bristol-Myers Squibb Decision Applies to Class Actions

The Supreme Court recently declined to review the Seventh Circuit’s ruling in Mussat v. IQVIA, Inc., 953 F.3d 441 (7th Cir. 2020), which found that the logic of Bristol-Myers Squibb Co. v. Superior Court of California, 582 US...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

ArentFox Schiff on

The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

Troutman Pepper

Class Action Defense Strategies in the Eastern District of Virginia’s ‘‘Rocket Docket’’

Troutman Pepper on

Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more

Jackson Lewis P.C.

No Personal Jurisdiction Over Out-Of-State Employees’ Claims To Certify FLSA Collective Action, Pennsylvania Court Rules

Jackson Lewis P.C. on

In Weirbach v. Cellular Connection, LLC, a federal district court in Pennsylvania declined to conditionally certify a nationwide collective action under the Fair Labor Standards Act (FLSA) because it found it did not have...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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