Bexis updated the Blog’s Personal Jurisdiction Cheat Sheet recently, with the able assistance of Reed Smith associate Kevin Hara. Having just read stories about oral arguments in a the first couple appellate cases concerning application of Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), Due Process principles to class actions,
Search results for: personal jurisdiction
Lack of Personal Jurisdiction and Dearth of Plausible Claims Doom District of Arizona Infuse/Spinal Fusion Device Case
We were in western Tennessee last week for an argument. We stayed at a beautiful and venerable hotel, most famous for twice-daily “march of the ducks.” Every morning, at 11 a.m. sharp (at least 30 minutes after guests have packed the lobby), an elevator door opens, and a uniformed “duck master” leads a perfect procession…
One Step Back: Mixed Personal Jurisdiction Result in Actos Case in EDPa.
Allow us to wax nostalgic for a moment. Decades ago, an improbable series of events led us to Nashville, where we lived for several years, blissfully holding adulthood (and college) at bay and basking in all that the resident music industry provided. Last week, we had a perfectly joyous reunion with the dearest of friends…
Another Blow Against “Loose And Spurious” Personal Jurisdiction In Missouri
Bexis is going to have to give up saying that nothing good ever comes out of Missouri, because for the second time in just a few months we are reporting on a well-reasoned opinion from Missouri that comes to the right result for the right reasons. In Fullerton v. Smith & Nephew, Inc., No.…
A Test For Avoiding “Loose and Spurious” Forms of General Personal Jurisdiction After BMS
We’ve already discussed many of the implications of Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (“BMS”), for personal jurisdiction in mass tort cases. We’re not going to repeat any of that here. What we are proposing today is a relatively simple test that cuts the Gordian Knot surrounding…
More Adventures in Personal Jurisdiction – Has Pennsylvania Fire Already Been Extinguished?
Bexis recently filed a personal jurisdiction amicus brief in Pennsylvania – ground zero in the battle over general jurisdiction by “consent” due to a foreign corporation’s registration to do business in the state (technically, commonwealth). As is readily apparent from our 50-state survey on general jurisdiction by consent, most states reject such an expansive reading…
Miami Nice Personal Jurisdiction Decision
Last week business took us to South Florida. Thank you business, as it was 50 degrees warmer in Miami than it was in our frigid Philly suburb. We always love the Sunshine State, but we especially love it in January and February. We love it, even though Florida is the target of many barbs about…
Supply Agreement Not Enough for Personal Jurisdiction (as if BMS hadn’t taught us that already)
A complaint gets filed in California naming hundreds of plaintiffs, only 20 of whom reside in California, against out-of-state manufacturers. Sound familiar? Sound like something the Supreme Court rejected in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017). It should. So, why are we here again? I guess you can credit…
Personal Jurisdiction Wins Cases – Part Many
That part of this title is borrowed from a fellow blogger’s post does not at all detract from its fundamental truth. Attention to personal jurisdiction wins cases – particularly in MDLs in which lawyers are out there recruiting clients, rather than the other way around. The latest example is In re Zostavax (Zoster Vaccine Live) …
Personal Jurisdiction Wins Cases
We’ve discussed personal jurisdiction a lot on the Blog lately, and not so lately, and for good reason. The Supreme Court’s reining in of both general and specific jurisdiction provides additional ways for defendants to win cases – particularly where the other side isn’t paying enough attention to the now more difficult legal environment. The…