News & Analysis as of

Forum Shopping

Developments in Global Securities Litigation

by Dechert LLP on

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

Federal Circuit Ruling Makes It Possible To Move For A Change In Venue Even In Patent Infringement Cases In Which The Deadline For...

by Brinks Gilson & Lione on

On November 15, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision that could provide opportunities for defendants in pending patent litigation to file motions to change venue even in cases in which...more

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

by Morgan Lewis on

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

Location, Location, Location: New Website Accessibility Decision May Encourage Forum Shopping

On November 8, 2017, the U.S. District Court for the District of New Hampshire joined the ranks of the federal courts that have held that a website itself is a place of public accommodation—even if the business that maintains...more

Restructuring and Insolvency Bulletin Issue 2 - 2017: An update on COMI shifting to take advantage of the best insolvency tools to...

by Dechert LLP on

The EU has taken aim at fraudulent or abusive forum shopping in the Recast Insolvency Regulation, acknowledging the potential for misuse by debtors seeking to take advantage of more flexible insolvency processes available in...more

Supreme Court’s Decision in Bristol-Myers Squibb Co. Has Significant Implications for Where Your Business Can Sue and Be Sued

by Cohen & Grigsby, P.C on

One of the many costs of doing business in the United States is the threat of litigation. Most businesses will face litigation at some point. Depending on the nature of the business, that litigation might take the business...more

Lucky Seven – Multi-Plaintiff Misjoinder Fails in Illinois Post-BMS

by Reed Smith on

Once the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), definitively determined that non-resident plaintiffs can’t go suing non-resident defendants anywhere they want,...more

Federal Circuit Shoots Down Eastern District Of Texas Patent Venue Test

by Brooks Kushman P.C. on

September 21, 2017. On a petition for writ of mandamus, the Federal Circuit ordered the U.S. District Court for the Eastern District of Texas to transfer venue of a patent action—rejecting the four-part venue test proposed...more

Judge Gilstrap’s Patent Venue Test Gets Slapped Down

In its decision, the Federal Circuit also took the opportunity to clarify the Supreme Court’s recent TC Heartland decision and set forth three general requirements to determine where a defendant maintains “a regular and...more

Federal Circuit Clarifies Venue Law in the Wake of TC Heartland

by Morgan Lewis on

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

AstraZeneca succeeds in omeprazole patent infringement profits case

by Smart & Biggar on

The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more

Back to “Normal”?: Patent Venue After TC Heartland

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed decades of expansive patent venue interpretation by the Federal Circuit. A succinct 10-page opinion by Justice Thomas...more

Business Litigation Report - August 2017

Supreme Court Highlights Importance of Statute-Specific Venue Rules - The Supreme Court upended nearly thirty years of practice when it ruled, in the TC Heartland LLC v. Kraft Foods Group Brands LLC U.S. , 137 S.Ct. 1514...more

Contractual Restrictions Against Forum Shopping May Be Illegal

by Clark Hill PLC on

Many collective bargaining agreements restrict employees from pursuing the same complaint in multiple forums. For example, if an employee files a grievance over an employment issue but then files a complaint or charge of...more

The power of the collective: EIR in focus

by DLA Piper on

Catherine Burton brings an update on the Recast European Insolvency Regulation. The recast Insolvency Regulation (Regulation (EU) No. 2015/848) (the recast regulation or EIR) was adopted by the European Parliament and...more

Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

by Lane Powell PC on

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed....more

Bristol-Meyer Squibb: The Death Of “Forum Shopping” Or “Same Old-Same Old”

by SmithAmundsen LLC on

The United States Supreme Court recently decided that “California courts lack specific jurisdiction to entertain the nonresidents’ claims.” Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466 (U.S. June 19,...more

District Courts Remain Split on TC Heartland and Waiver of Improper Venue Defense

The Supreme Court’s decision five months ago in TC Heartland v. Kraft Food Group Brands was a sea change in the way courts interpret venue for patent infringement cases. Since the Federal Circuit’s decision in VE Holding...more

The Devil's Dictionary of Bankruptcy Terms: Forum Shopping

by Polsinelli on

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy...more

Supreme Court Corner Q2 2017

by DLA Piper on

Impression Products, Inc. v. Lexmark International, Inc. PATENT – Decided: May 30, 2017 - HOLDING: All patent rights of a product are exhausted when the product is sold, "regardless of any restrictions the patentee...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

Intellectual Property Bulletin - Summer 2017

by Fenwick & West LLP on

Reducing Cybersecurity Risks to Autonomous Vehicles - The Department of Transportation is revising autonomous vehicle guidelines it issued in September 2016. Recent comments by Secretary Elaine Chao suggest that the new...more

Defendants Should Consider Personal Jurisdiction Defense Following Supreme Court Decision, Especially When the Claims of...

by Balch & Bingham LLP on

A recent Supreme Court decision may allow defendants to avoid lawsuits in distant courts that have little or no connection to the lawsuit, especially in cases (such as mass actions) where the claims of out-of-state plaintiffs...more

District Courts Disagree on Venue-Waiver Issues After TC Heartland

by Snell & Wilmer on

At the end of May this year, the Supreme Court unanimously clarified the law on venue in patent infringement lawsuits (see here). For 27 years, litigants had relied on a Federal Circuit decision, VE Holding Corp. v. Johnson...more

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

by Foley & Lardner LLP on

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

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