News & Analysis as of

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

BakerHostetler

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

BakerHostetler on

The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

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

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more

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

Benesch

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

Benesch on

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more

BCLP

Does the Supreme Court’s Extensive Personal Jurisdiction Jurisprudence Risk Going Off the Rails?

BCLP on

The Supreme Court held that a corporation can be subject to personal jurisdiction in a state in which it has registered to do business—solely on that basis, and regardless of the extent of its operations in that state. ...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

ArentFox Schiff

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

ArentFox Schiff on

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

Ward and Smith, P.A.

Where Can Your Company Be Sued? The Basics of Personal Jurisdiction

Ward and Smith, P.A. on

In recent years, the United States Supreme Court has issued two opinions, in the cases of BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Ct. of California, San Francisco Cnty., analyzing and reaffirming...more

Jackson Lewis P.C.

Bristol-Myers Decision Applies to Plaintiffs in FLSA Collective Actions, Third Circuit Holds

Jackson Lewis P.C. on

Since the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, limiting the scope of a court’s jurisdiction over out-of-state claims, federal courts have grappled with...more

Maron Marvel

Mr. Mallory Goes to Washington?

Maron Marvel on

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

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