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Pharmaceutical Industry › Specific Jurisdiction

Carlton Fields

District Courts Split On Whether Bristol-Myers Squibb’s Specific Personal Jurisdiction Analysis Bars Nationwide Class Actions In...

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The ramifications of the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017), remain unsettled. ...more

Polsinelli

Missouri Supreme Court Talc Decision Alters Landscape

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On March 6, the Missouri Supreme Court declined to review the intermediate appellate court’s decision in Fox v. Johnson & Johnson, which vacated a $72 million talc verdict awarded in St. Louis City Court. ...more

Pierce Atwood LLP

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

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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

Miles & Stockbridge P.C.

U.S. Supreme Court Clarifies Constitutional Limits on Specific Jurisdiction Over Foreign Defendants…Again

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Since 2011, the U.S. Supreme Court has continued to roll back the expansion of personal jurisdiction by lower courts and has set more limitations on where a plaintiff can sue corporate defendants. We have watched this unfold...more

Morrison & Foerster LLP

Bristol-Myers Squibb: The Aftermath

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Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017) (“BMS”). Mass tort defendants...more

Clark Hill PLC

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

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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

Blank Rome LLP

Supreme Court of United States Reaffirms Limits of Specific Jurisdiction

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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

Weintraub Tobin

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

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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

Seyfarth Shaw LLP

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

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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

Fenwick & West LLP

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

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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

Dickinson Wright

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

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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

McGuireWoods LLP

Supreme Court Reins in California Courts’ Approach to Specific Jurisdiction

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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

Pierce Atwood LLP

Multi-State Class Actions After the Supreme Court’s Decision in Bristol-Myers Squibb Co. v. Superior Court

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On June 19th, the Supreme Court issued a decision that could have important consequences for multi-state class actions. In Bristol-Myers Squibb Co. v. Superior Court, the Court addressed the question whether a California...more

Stinson LLP

U.S. Supreme Court Will Hear Case That Could Limit Out-of-State Product Liability Actions

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In September, we discussed several new trends in jurisdiction, including an opinion—Bristol-Myers Squibb Co. v. Superior Court of San Francisco County—in which the California Supreme Court held that hundreds of non-California...more

Morrison & Foerster LLP

What Part Did You Not Understand? Recent State-Court Decisions Require The U.S. Supreme Court To Address—Yet Again—The...

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In its most recent decisions on personal jurisdiction, the Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to the former,...more

Mintz - Intellectual Property Viewpoints

Supreme Court Declines to Revisit Broad Personal Jurisdiction Over ANDA Filers

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On Monday, January 9, 2017, the U.S. Supreme Court denied, without comment, Mylan Pharmaceuticals’ petition for certiorari to reverse an opinion by the Court of Appeals for the Federal Circuit, which affirmed a broad scope of...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Hears Argument on Personal Jurisdiction in Two Hatch-Waxman Appeals

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On Monday, January 4, the Court of Appeals for the Federal Circuit heard oral argument in two appeals that may determine what effect the Supreme Court’s Daimler AG v. Bauman decision will have on the exercise of personal...more

McDermott Will & Emery

ANDA Update - October 2015

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Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Patterson Belknap Webb & Tyler LLP

Update on Personal Jurisdiction for BPCIA Litigants after the Supreme Court’s decision in Daimler

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Under 35 U.S.C. § 271(e), filing an Abbreviated Biologics License Application (aBLA)—like filing an Abbreviated New Drug Application (ANDA)— can be an act of patent infringement resulting in ‘artificial’ injury to a patentee....more

Morris James LLP

ANDA Case Is Dismissed For Lack Of Personal Jurisdiction

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The disputed technology is a generic rivastigmine patch. Defendant is a New Jersey corporation with a principal place of business in Vermont. Only specific jurisdiction is at issue since it is not “at home” in Delaware. ...more

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