As consumers, and connoisseurs, of personal jurisdiction precedent, we write today to consider the latest jurisdictional mess that has arisen, this time in talc litigation. Two courts, deciding the same jurisdictional issue on the same set of facts in the same week, have reached diametrically opposed decisions. The current contretemps concerns “Shimmer” – a minor
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Missouri Tort Reform: Abusive Lawsuits Won’t Keep Rolling Along
By Stephen McConnell on
Missouri is central to America – geographically, culturally, and politically. Some of our greatest literature came from Missouri authors (Twain, Eliot, Angelou). Media figures as unifying as Walter Cronkite and as divisive as Rush Limbaugh at one time called Missouri home. American music wouldn’t be the same without tenor saxophonist Coleman Hawkins (listen to the…
New York Holds that Registration to do Business does not Constitute Consent to General Personal Jurisdiction
By Stephen McConnell on
When we see a case title with the same name on both sides of the v, we think of Jarndyce v. Jarndyce, the will contest described by Dickens in Bleak House. That fictional case dragged on for years and throughout the course of the book, ending only when legal expenses devoured all the…
National Advertising Not Enough for General Jurisdiction
By Michelle Yeary on
You can buy almost anything you want on line – and a whole lot of stuff you didn’t know you wanted until you saw it online. And, if you can think of something you want that you can’t find online, there are DIYers online just waiting to make you whatever it is you’ve dreamed up. …
Missouri Federal Court Finds No Specific Jurisdiction over Kansas Knee Implant
By Stephen McConnell on
Missouri courts keep showing us surprisingly good things on the personal jurisdiction front. In Mitchell v. DePuy Orthopaedics, Inc., 2019 U.S. Dist. LEXIS 92621 (W.D. Missouri June 3, 2019), the plaintiff twice had a knee replacement implant while she lived in Kansas, then sued in Missouri, claiming that, after she moved there, that is…
Pennsylvania Still Flailing Away in The Jurisdictional Deep End
By Bexis on
Last year, we posted about Pennsylvania going off the personal jurisdictional “deep end” in Hammons v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. 2018), and Webb-Benjamin, LLC v. International Rug Group, LLC, 192 A.3d 1133 (Pa. Super. 2018). Well, unfortunately they’re still at it, and we’re afraid that the result could well be…
Excellent Jurisdiction/Venue Decision in Gadolinium Case in Eastern District of Missouri
By Rachel B. Weil on
We are old enough to treasure the memory of sitting in a darkened movie theater with our mother and sisters watching the original “Mary Poppins.” We were transfixed and transported by the sheer magic of the film, and we spent the next many months playing our souvenir cast album over and over on our tiny…
Updating Our 50-State Survey on General Jurisdiction by Consent
By Bexis on
Not quite a year ago, we prepared a 50-state survey on the status of claims that a foreign corporation’s compliance with a state’s corporate domestication statutes can be “consent” to general personal jurisdiction. This post went along with one of the DDL Blog’s cheat sheets called the “Post-BMS Personal Jurisdiction Cheat Sheet.”
Because…
Post-BMS Winning Streak Continues in Essure Litigation in the Eastern District of Missouri
By Rachel B. Weil on
These days, when the subject turns to victorious Philadelphia sports teams, most people think green, and “fly” and “Philly Special.” But we are not most people. We live firmly and fondly in the past, 2008 to be exact. So we relished every moment of our beloved Phillies’ Alumni Weekend this past weekend. We cheered ourselves…
The Blog’s Personal Jurisdiction Resources
By Bexis on
We’ve heard that we should welcome some new subscribers, who aren’t that interested in drug and device litigation, per se, but have been attracted by our coverage of personal jurisdiction issues relating to tort litigation generally. Thanks for joining. Here is a brief description of our available personal jurisdiction resources.
First, we maintain a personal…