The Latest On Bristol-Myers' Class Action Application

Law360 (November 21, 2018, 1:05 PM EST) -- In Bristol-Myers Squibb Co. v. Superior Court of California,[1] the U.S. Supreme Court held that a California state court could not properly exercise personal jurisdiction over a nonresident defendant with respect to nonresident plaintiffs’ mass tort claims. The court called its decision a “straightforward application ... of settled principles of personal jurisdiction,” yet the decision left open the question of whether the holding extends to nationwide class actions. District courts’ application of BMS has resulted in a mixed bag of opinions.

Many courts have extended the Supreme Court’s holding in BMS to class actions and mass tort actions and dismissed nonresident class...

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