Addressing Personal Jurisdiction Limits At The High Court

By Grant Esposito, Brian Matsui and Bryan Leitch, Morrison & Foerster LLP (April 27, 2017, 11:44 AM EDT) -- Once again, the U.S. Supreme Court heard oral argument in cases involving lower court attempts to expand personal jurisdiction. In recent terms, the Supreme Court has curtailed those efforts — but some courts still have not gotten the message. Consider, for example, the state court decisions under review in Bristol-Myers Squibb Company v. Superior Court of California for the County of San Francisco and BNSF Railway Company v. Tyrrell, both of which adopted an expansive view of personal jurisdiction that is seemingly at odds with the Supreme Court's most recent efforts to cabin that doctrine. And as much as one should not read too much into what was said at argument, if the oral arguments in these cases are any indication, the state courts will probably lose again....

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