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Due Process Specific Jurisdiction

Fisher Phillips

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

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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

Winstead PC

Co-Trustees Who Managed A Texas Trust With A Texas Beneficiary Had Sufficient Contacts With Texas To Be Subject To A Texas Court’s...

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In Alexander v. Marshall, the original trustee was the beneficiary’s mother and the wife of the beneficiary’s father, who was the settlor. No. 14-18-00425-CV, 2021 Tex. App. LEXIS 1952 (Tex. App.—Houston [14th Dist.] March...more

Snell & Wilmer

United States Supreme Court Tackles Personal Jurisdiction

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Under current United States Supreme Court precedent, for a court to exercise personal jurisdiction over a manufacturer like Ford, the plaintiff must demonstrate that the court has either general or specific jurisdiction....more

BakerHostetler

I'll Take Civ Pro for $400 - Jeopardy Productions & Due Process

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For many, Commerce Clause nexus protections seem to be getting porous. In this week's show, Matt Hunsaker reviews Robinson v. Jeopardy Productions Inc. (Louisiana) and reminds taxpayers of the importance of paying attention...more

McGlinchey Stafford

Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]

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The U.S. Supreme Court recently heard oral arguments on two potentially groundbreaking personal jurisdiction cases known as “the Ford cases.” In this third episode from our series on Personal Jurisdiction, Rasch Brown, Gary...more

Hinshaw & Culbertson - Lawyers for the...

Utah's District Court Dismisses Malpractice Action Against Florida Firm Based on Lack of Jurisdiction

R.M. v. Dennis, Jackson, Martin & Fontela, P.A., 2020 U.S. Dist. LEXIS 68115 Brief Summary - Utah's federal district court granted a motion to dismiss filed by a Florida-based law firm and its associate (collectively...more

Morrison & Foerster LLP

Start Your Engines: The U.S. Supreme Will Yet Again Review The Constitutional Limits Of Personal Jurisdiction In A Pair Of Cases...

Lower courts’ inability or refusal to confine cases to their proper fora compels the Supreme Court to spend precious docket space restating the rules governing personal jurisdiction. The Due Process Clauses of the Fifth...more

Mintz - Arbitration, Mediation, ADR...

Federal Courts Should Rethink the Personal Jurisdiction Requirement of 28 U.S.C. § 1782

The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person” that “resides or is found” within its jurisdiction to produce evidence for...more

Nutter McClennen & Fish LLP

Communications were Insufficient Contacts to Exercise Personal Jurisdiction Over Out-of-State Auditors

In B. Bullen et al. v. CohnReznick LLP, investors in a defunct hedge fund sued CohnReznick, the outside auditor and accountant of the fund. The investors claimed, among other things, that CohnReznick had conspired with the...more

Gray Reed

Cyberspace Saves an Out-of-State Oil Company

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Can an email be directed to a particular state? No, said a Texas court in Enerquest Oil & Gas, LLC v. Antero Resources Corporation. The court questioned “the very premise of the contention that an email can be sent to a...more

Carlton Fields

A Treat For Plaintiffs’ Lawyers: Middle District of Florida Finds Bristol-Myers Squibb Inapplicable to Class Actions

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As we previously reported, courts continue to sift through the unsettled law left in the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California. ...more

Womble Bond Dickinson

Doubling Down: Court Holds a Second Time That Bristol-Myers-Squibb Applies to Class Actions

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In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S.Ct. 1773 (2017), the Supreme Court held a state court did not have specific jurisdiction in a mass tort action over the non-resident defendant as to the...more

Knobbe Martens

M-I Drilling Fluids UK Ltd. v. Dynamic Air LTDA

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Federal Circuit Summaries - Before Hughes, Reyna, Stoll. Appeal from the District of Minnesota. Summary: Specific personal jurisdiction over a foreign corporation is proper when the foreign corporation allegedly...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

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Signals Limits on Class Action Forum Shopping

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

Foley Hoag LLP

Product Liability Update: August 2017

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United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more

Foley & Lardner LLP

Back to Basics: A Review of Recent SCOTUS Personal Jurisdiction Jurisprudence

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As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty. Over the last six years, the...more

Weintraub Tobin

Personal Jurisdiction Update In Supreme Court’s Bristol-Myers Squibb Co. v. Superior Court

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Several weeks ago, the U.S. Supreme Court issued its opinion in Bristol-Myers Squibb Co. v. Superior Court of Cal., No. 16-466, 581 U.S. —, 2017 WL 2621322 (June 19, 2017) (“Bristol-Myers Squibb”). The more than 600...more

Alston & Bird

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

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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

Lathrop GPM

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

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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

Seyfarth Shaw LLP

U.S. Supreme Court’s Narrow Application Of Specific Jurisdiction Will Impede Forum Shopping In Class Actions

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Seyfarth Synopsis: In Bristol-Myers Squibb Company v. Superior Court of California, et al., No. 16-466 (U.S. June 19, 2017), the U.S. Supreme Court articulated the narrow circumstances under which specific jurisdiction will...more

Latham & Watkins LLP

Update: US Supreme Court Reverses California’s Expansion of Personal Jurisdiction

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Nation’s highest court reverses California Supreme Court decision that extended the jurisdictional reach of state courts. In the 2016 case Bristol-Myers Squibb Co. v. Superior Court (Anderson), the California Supreme Court...more

Fenwick & West LLP

Class Action Defendants Win Home Court Advantage in Supreme Court Ruling on Specific Jurisdiction in Bristol-Myers Case

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In a decisive 8-1 vote, the U.S. Supreme Court rejected a theory of specific jurisdiction that would allow a state court to assert specific jurisdiction over the claims of out-of-state plaintiffs whose claims were not...more

Dickinson Wright

U.S. Supreme Court Limits the Exercise of Specific Personal Jurisdiction by State Courts

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The U.S. Supreme Court recently tightened the reins when it comes to state courts’ exercise of case-based, specific personal jurisdiction over out-of-state companies. In Bristol-Myers Squibb Co. v. Superior Court of...more

Nutter McClennen & Fish LLP

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

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