We’ve already unloaded on Hammons v. Ethicon, Inc., ___ A.3d ___, 2018 WL 3030754 (Pa. Super. June 19, 2018), where the court made a virtually unprecedented holding that a defendant challenging personal jurisdiction on Due Process grounds had the burden of proof in the course of allowing a litigation tourist from Indiana to stay
Search results for: personal jurisdiction Missouri
Why Cross-Jurisdictional Class Action Tolling Is Such a Bad Idea
We’ve always been against the concept of class action tolling: that merely by filing a class action – the class action does not have to have any merit – a class action lawyer magically stops the running of the statute of limitations for everybody in the class. To us, this gives Fed. R. Civ. P.…
Missouri Federal Court Rejects Effort to Limit the Effect of BMS
The pushback by Plaintiffs’ lawyers against the Supreme Court’s BMS decision continues, and it continues to largely fail.
The lawsuit in Dyson v. Bayer Corp., 2018 WL 534375 (E.D. Mo. Jan. 24, 2018), began in state court in St. Louis, a favorite destination of plaintiffs’ lawyers. The complaint made product liability claims about Bayer’s…
Guest Post – Putting the “Specific” Back in Specific Jurisdiction: The Importance of Claim-By-Claim Jurisdictional Analysis in a Post-BMS Landscape
Today’s guest post comes to us courtesy of Dick Dean and Nick Janizeh, both of Tucker Ellis. They’ve been thinking (as have we all) about the ramifications of the BMS decision on personal jurisdiction, and have come up with some conclusions that we found interesting, and we hope that you do, too. As…
Ending The Year With Another Good Personal Jurisdiction Decision
Having already issued our posts on the best and worst cases of 2017, we will resist the temptation to comment on the year as a whole, particularly on the powder keg that is politics. We will note, however, two non-legal phenomena that we do not like. First, our collective attention span has gotten shorter, with…
Quasi Guest Post – 50 State Survey On General Jurisdiction Through Consent By Registration To Do Business: Putting Bauman And Baseball Back Together
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 be separately acknowledged.
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As attorneys, we are fond of rules: they give…
Reaping the Jurisdictional Whirlwind
Literally for decades plaintiffs in mass torts have employed the business model of flooding jurisdictions seen as friendly to them with more solicited plaintiffs than any court system can possibly handle. They have employed every forum-shopping trick in the book to trap defendants in these jurisdictions, which usually have no relationship to any party. After…
Awful Missouri Venue and Warnings Opinion Affirmed—But Maybe Some Hope
Hope springs eternal. At least that is what the optimists say, and while we would like to see the bright side of the Missouri Supreme Court’s split opinion on venue in Barron v. Abbott Laboratories, Inc., No. SC 96151, 2017 WL 4001487 (Mo. Sept. 12, 2017), we are having trouble this morning finding our…
Talcum Plaintiffs Can’t Show Personal Jurisdiction In Show Me State
“I am from Missouri. You have got to show me.” That quote attributed to Congressman Willard Duncan Vandiver in 1899 is reputedly the source of Missouri’s unofficial nickname, the “Show Me” state. Or maybe it isn’t. Whatever the slogan’s origin, a federal judge in Missouri recently said “show me” when 83 plaintiffs from 30…
Post-BMS Personal Jurisdiction Cheat Sheet
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 Railway Co. v. Tyrell, 137 S.Ct. 1549 (2017), we’re retiring the personal jurisdiction cheat sheet we had been maintaining for the last three-plus years…