The U.S. Chamber Institute for Legal Reform just released its 2017 Lawsuit Climate Survey: Ranking the States. Sometimes this information can be useful to help a business decide where to locate, where to do business (or not), and where to litigate. This information can also be useful at times to make an argument in Court that a jurisdiction has become a favored venue (and why) for Plaintiffs from out of state, and might help support a forum non-conveniens motion. » Read More
New District Court Opinion Discussing the Scope of Specific Jurisdiction After Bristol-Myers Squibb Co. v. Superior Court of San Francisco County,582 U.S. ____ (2017) – Wow, that was quick!» Read More
The United States Supreme Court issued its long-awaited opinion in Bristol-Myers Squibb Co. v. Superior Court of San Francisco County, 582 U.S. ____ (2017). Fortunately, the Supreme Court resisted the opportunity to revisit the limited scope of general jurisdiction discussed in Daimler AG v. Bauman, 571 U.S. _____ (2014), or to expand the existing grounds for specific jurisdiction. It maintained its prior view of specific jurisdiction and required “a connection between the forum and the specific claims at issue.” See the opinion here for more detail.» Read More
Last week, a first level appellate court in New Jersey issued an opinion for publication discussing the potential grounds for finding jurisdiction over a foreign parent corporation when its wholly-owned subsidiary has its principal place of business in New Jersey. In FDASmart v. Dishman Pharmaceuticals and Chemicals Limited, App.» Read More
I’m blogging from the American Conference Institute’s Drug and Medical Device session on International Mass Tort Litigation: Strategies for Handling the Increasing Interplay Between Domestic and Global Products Liability Actions. Great tips and thoughts for global product manufacturers and distributors, particularly for global companies with subsidiaries or partners in the U.S. If you manufacture or distribute global products, you should be thinking about issues such as differing regulations, liability standards, discovery rules and privileges, as well as the coordination of discovery, trials, experts and witnesses. » Read More
