May 21, 2018 Articles

Bristol-Myers Squibb Co. v. Superior Court: Federal District Courts Begin Weighing In

The majority of courts have held that they do not have personal jurisdiction over nonresident defendants for claims brought by nonresident plaintiffs.

By Katherine S. Kayatta

In June 2017, the Supreme Court issued its decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), which concerned personal jurisdiction over nonresident defendants for claims brought by nonresident plaintiffs in a California state court mass tort action. In the wake of the Bristol-Myers decision, the case law has been rapidly developing in the district courts in putative class actions where, in reliance on Bristol-Myers, defendants have challenged the courts’ jurisdiction where nonresident plaintiffs assert claims against nonresident defendants not subject to general jurisdiction.

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