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Personal Jurisdiction Product Defects

Faegre Drinker Biddle & Reath LLP

Where No Forum Contacts “Relate To” Claims at Issue, Ninth Circuit Affirms Dismissal for Lack of Specific Personal Jurisdiction

Specific personal jurisdiction can be a very straightforward concept. If a plaintiff claims to have been injured by a product that the defendant itself sold directly to plaintiff at a store within the forum state, disputes...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Sham Phone Operations and E-Cigarettes

This week, the Court addresses the FCC’s adjudicatory authority and considers the scope of specific personal jurisdiction in product-liability suits. The Court holds that the Federal Communications Commission (“FCC”) did...more

Faegre Drinker Biddle & Reath LLP

Foreign Manufacturer Dismissed for Lack of Personal Jurisdiction in the Southern District of Indiana

Case: Patterson v. Chiappa Firearms, USA, LTD, No. 1:20-cv-01430-JPH-MG, 2021 WL 4287431 (S.D. Ind. Sept. 21, 2021). Significance: - First Indiana case to apply the “relate to” standard articulated in Ford Motor Co....more

Nutter McClennen & Fish LLP

Product Liability 2020 Year in Review

Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

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Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Cozen O'Connor

Supreme Court to Hear Specific Personal Jurisdiction Product Cases That Caused Harm in Forum States

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Recently, the U.S. Supreme Court agreed to hear a manufacturer’s challenge to two state supreme court decisions (Minnesota and Montana) that allowed plaintiffs to bring product defect suits in states where the manufacturer...more

Faegre Drinker Biddle & Reath LLP

Post-BMS, Courts Grapple with the Nexus Between Stream of Commerce Activities and the Plaintiff’s Claim Required for Specific...

Courts have struggled for decades to define the constitutional limitations on personal jurisdiction over major product manufacturers who sell their products nationwide. The central tension has been determining the validity...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Significant Rulings Expected for Ongoing Mass Tort, Consumer Class Action Issues

In 2019, significant developments are expected on issues that have been percolating in the mass tort and class action litigation arena for several years. The U.S. Supreme Court is expected to rule on cases relating to...more

Cozen O'Connor

Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act: Part II, How Sellers May Find Themselves a MAN DOWN

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On September 11, 2018, Cozen O’Connor’s Product Liability Prevention and Defense (“PLPD”) blog provided a quick reference guide that manufacturers can consult to MAN UP on defenses when hit with a claim under Chapter 82 in...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer-Fall 2018

Associaçio Brasileira de Medicina de Grupo, DBA Abramge v. Stryker Corp., US Court of Appeals for the Sixth Circuit, May 31, 2018 - An association of Brazilian health insurance providers sued Stryker, a Michigan...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in US Courts: Spring 2018

Forum Non Conveniens Not Available Where Moving Defendant Failed to Establish It Was Amenable to Process in an Alternative Forum - Arcelik A.S. v. E.I. Du Pont De Nemours and Company, United States District Court for the...more

Husch Blackwell LLP

Toxic Tort Monitor – January 2018

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A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

Holland & Knight LLP

SCOTUS Continues to Limit the Exercise of Specific Personal Jurisdiction

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Three years after its decision in Walden v. Fiore, the U.S. Supreme Court issued another decision that continues its trend of limiting the exercise of specific personal jurisdiction over non-resident defendants. In...more

Orrick, Herrington & Sutcliffe LLP

US Supreme Court Limits Jurisdictions Where Non-US Businesses May Be Sued - The World in U.S. Courts: June 2017 - Special Issue

On June 19, the US Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, a case that may make efforts to litigate national product liability and consumer protection suits against non-US companies...more

Benesch

Supreme Court Tightens Personal Jurisdiction Requirements

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Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Ballard Spahr LLP

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

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The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

Foley Hoag LLP

Product Liability Update: April 2016

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Massachusetts Superior Court Rejects “Innovator Liability” Failureto-Warn Claim, Holds Branded Pharmaceutical Manufacturer Owed No Duty to Plaintiff Alleging Injury From Equivalent Generic Drug That Copied Defendant’s...more

Foley Hoag LLP

Product Liability Update - July 2015

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Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

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