News & Analysis as of

Jurisdiction 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

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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

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

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

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

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

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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.

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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

Holland & Knight LLP

Supreme Court Changes Gears on Specific Personal Jurisdiction

Holland & Knight LLP on

The U.S. Supreme Court on March 25, 2021, ruled in an 8-0 decision that the connection between the plaintiffs' claims and Ford Motor Co.'s activities in the forum states supported the exercise of specific jurisdiction over...more

Smith Gambrell Russell

United States Supreme Court Unanimously Rejects a Causal Link Requirement in Specific Jurisdiction Inquiry

Smith Gambrell Russell on

A unanimous U.S. Supreme Court held in Ford Motor Co. v. Montana Eighth Judicial District Court that the connection between Ford’s activities in a forum state and products liability claims was close enough to support specific...more

White and Williams LLP

SCOTUS Scuttles Forum Shopping Litigation Tourists

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For the seventh time in eleven years, the U.S. Supreme Court has curtailed the Constitutional concept of in personam jurisdiction. Superficially, Ford Motor Company v. Montana Eighth Judicial District Court appears to be a...more

Polsinelli

Two Circuit Courts of Appeals Consider Jurisdiction Over Non-Forum Class Members

Polsinelli on

The Seventh Circuit and District of Columbia Circuit Courts of Appeals recently considered an issue that has been debated by class action lawyers on both sides of the “v” for several years: whether the Supreme Court’s...more

Robinson+Cole Class Actions Insider

Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions

This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal...more

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

Party of One: Collective Action Against Outback Steakhouse Denied due to Lack of Personal Jurisdiction

The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more

Morris James LLP

Delaware Superior Court Narrows Jurisdiction In Mass Tort Litigation

Morris James LLP on

In Re: TALC Product Liability Litigation, C.A. N17C-03-054 TAL (September 10, 2018) - This is an important decision that applies recent United States Supreme Court jurisdiction cases to a non-resident’s Delaware complaint....more

Akin Gump Strauss Hauer & Feld LLP

Jurisdiction over Absent Class Members Following Bristol-Myers: The District Court Split Continues

• As evidenced by a recent opinion issued in the Northern District of Illinois, district courts continue to wrestle with the applicability of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of...more

Husch Blackwell LLP

Which Came First: Subject Matter Or Personal Jurisdiction?

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Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson and Jinright v. Johnson & Johnson, the court considered whether subject matter...more

Manatt, Phelps & Phillips, LLP

Nationwide Class Dismissed by Illinois Federal Court

Applying last year’s U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Superior Court of California, an Illinois federal court dismissed nationwide class claims against NBTY, Inc., for lack of jurisdiction....more

Seyfarth Shaw LLP

Nixing Nationwide Class Action Claims: Federal Court Ruling Provides Blueprint For Businesses

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a nationwide consumer fraud class action involving false labeling claims under various state laws, a federal district court in Illinois granted the company’s motion to dismiss claims relative to a...more

Butler Snow LLP

Pro Te: Solutio - Vol. 10 No. 3 – Summer 2017

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Every summer vacation (or, at least, the ability to take the weekend off!) should include a good read. Whether your preference runs toward a memoir with words of wisdom, a review of new technical advancements, issues of...more

Fenwick & West LLP

Key SCOTUS Decisions in Tech – First Half 2017

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Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

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