News & Analysis as of

General Jurisdiction

Choosing the Ideal Venue for IP Disputes: Recent Developments in Federal Case Law

by Burns & Levinson LLP on

The venue of a lawsuit can be a crucial, even dispositive, decision in managing the strategy of a successful outcome in an IP dispute. Defending a lawsuit on your home turf is often easier than in a distant state – defendants...more

Quasi Guest Post – 50 State Survey On General Jurisdiction Through Consent By Registration To Do Business: Putting Bauman And...

by Reed Smith on

What follows is a collaborative effort between Bexis and Reed Smith‘s Kevin Hara, who helped research and write this post. It’s not really a guest post, but Kevin had such a large hand in it that his contribution deserves to...more

New York Courts Continue to Reject Consent-By-Registration Theory of Personal Jurisdiction Post-Daimler

by King & Spalding on

On October 18, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Sae Han Sheet Co. v. Eastman Chemical Corp., the latest in a series of cases to examine whether an out-of-state corporation...more

SCOTUS Limits Jurisdictions Where Corporations Can Be Sued

by Rumberger Kirk & Caldwell on

With its recent opinion in BNSF Railway Co. v. Tyrrell, the United States Supreme Court reaffirmed the strong position that it took in Daimler AG v. Bauman with respect to general jurisdiction, leaving no doubt that a...more

Illinois Supreme Court Issues Opinion that May Change Asbestos Litigation Landscape

by Steptoe & Johnson PLLC on

On September 21, 2017 the Supreme Court of the State of Illinois issued a personal jurisdiction opinion that may change the national landscape of asbestos litigation. Aspen American Insurance Company v. Interstate...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

Illinois Supreme Court Fundamentally Limits the Ability to Sue Non-Illinois Corporations

by Polsinelli on

Following recent precedent from the U.S. Supreme Court, the Illinois Supreme Court limited the circumstances in which a non-resident corporate defendant can be subject to suit in Illinois on claims with no connection to the...more

Post-BMS Personal Jurisdiction Cheat Sheet

by Reed Smith on

In the wake of the defense wins during the last Supreme Court term in Bristol-Myers Squibb Co. v. Superior Court, 137 S.Ct. 1773 (2017) (“BMS”), and BNSF Ry. Co. v. Tyrell, 137 S. Ct. 1549 (2017), we’re retiring the personal...more

SCOTUS Rules Out-of-State Plaintiffs’ Access to State Courts Limited by 14th Amendment

by Clark Hill PLC on

In the recent decision, Bristol-Myers Squibb Company (BMS) v. Superior Court (2017) ___ US ____, the Supreme Court followed a string of recent decisions by further limiting out of state plaintiffs’ access to courts in...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

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

Supreme Court Delivers A Decisive Blow To Forum Shoppers And Magnet Jurisdictions: The Court’s Bristol-Myers Opinion Further...

by Ellis & Winters LLP on

On June 19th, the United States Supreme Court issued an opinion that will have far reaching implications for mass manufacturers. The case is Bristol-Myers Squibb Company v. Superior Court of California (No. 16-466). The...more

What You Will See On Personal Jurisdiction Following BMS

by Reed Smith on

The Supreme Court’s opinion on personal jurisdiction in BMS v. Superior Court has already made a substantial impact, despite being on the books for a mere three weeks. That’s probably because it’s the Supreme Court and also...more

Blank Rome Secures Precedential Opinion on Personal Jurisdiction in Dutch Run-Mays Draft V. Wolf Block

by Blank Rome LLP on

On July 5, 2017, the Superior Court of New Jersey, Appellate Division, ruled in favor of our client WolfBlock LLP in the matter of Dutch Run-Mays Draft V. Wolf Block, making it the first published case in a New Jersey court...more

Supreme Court of United States Reaffirms Limits of Specific Jurisdiction

by Blank Rome LLP on

The Supreme Court of the United States recently reaffirmed the principle that there must be a direct connection between a forum state and the underlying controversy in order for a court to exercise specific jurisdiction over...more

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

by Weintraub Tobin on

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

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

by Alston & Bird on

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

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

by Lathrop Gage on

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

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

by Seyfarth Shaw LLP on

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

“We meant what we said” – U.S. Supreme Court Continues To Rein In Personal Jurisdiction

by McCarter & English, LLP on

This past term, the U.S. Supreme Court decided two matters in which it unequivocally held that state courts’ ability to assert personal jurisdiction over out-of-state defendants is limited under both general and specific...more

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

by Latham & Watkins LLP on

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

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

by Fenwick & West LLP on

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

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

by Dickinson Wright on

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

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

Supreme Court Reins in California Courts’ Approach to Specific Jurisdiction

by McGuireWoods LLP on

On June 19, 2017, the Supreme Court reinforced its narrow application of specific jurisdiction in mass tort proceedings in an 8-1 decision in Bristol-Myers Squibb Company v. Superior Court of California. In the class action...more

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