The Right Approach To Personal Jurisdiction In Class Actions
By David Kouba and Andreas Moffett (April 12, 2021, 6:43 PM EDT) -- The U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court did not address the question of personal jurisdiction in class actions.
Neither did the decision last month in Ford Motor Co. v. Montana Eighth Judicial District Court, which reaffirmed that specific personal jurisdiction exists over the claims of residents of a forum state who purchase, use and are injured by a product in that state, provided the defendant also had sufficiently related contacts with the forum.
Again, the court was not asked to address how these principles of specific jurisdiction apply in class actions. That issue — which the...
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