News & Analysis as of

Forum Shopping

Federal District Courts Tackle Application of Bristol-Myers Squibb Co. v. Superior Court to Class Actions

by Pierce Atwood LLP on

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

Key Patent Decisions of 2017

by Jones Day on

In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions. The topics of the key cases...more

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...more

Attacking Nationwide Class Actions Based On Personal Jurisdiction

by Foley & Lardner LLP on

Earlier this month, Judge Leinenweber of the Northern District of Illinois rejected a named plaintiff’s attempt to bring a nationwide class action, basing his decision on the Supreme Court’s decision last June in...more

Judge Dismisses Nationwide Class Claims for Lack of Jurisdiction Following Bristol-Myers

• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more

California Dreaming: Pennsylvania’s Proposed “Freedom to Work Act” Aims to Join California in Banning Non-Compete Agreements

by Fisher Phillips on

Late last year, Pennsylvania legislators introduced House Bill 1938, the “Freedom to Work Act” (the “Act”), an outright ban on “covenant[s] not to compete” in Pennsylvania. Under the Act, “a covenant not to compete is...more

Defendants Waived Venue Challenge After Waiting Four Months After TC Heartland Decision to Move

In a recent development from the Eastern District of Texas, Magistrate Judge Roy S. Payne concluded that defendants Globalfoundries, Qualcomm, and Samsung waited too long prior to moving to dismiss or transfer the case due to...more

Amendments to Australian Antitrust Regime Take Effect

by Jones Day on

The Situation: Australia has adopted a package of changes to its antitrust laws that are designed to give more power to its antitrust enforcement agency, the Australian Competition and Consumer Commission, and to increase...more

EDTX & NDTX Monthly Wrap-Up – November 2017

by Fish & Richardson on

This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of November 2017. This post will focus on how the Eastern District of Texas continues...more

Supreme Court Removes Patent Litigation from the Heartland of Texas

by Goulston & Storrs PC on

For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the...more

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 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

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