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No Basis For Personal Jurisdiction In MDL Direct Filing

Law360, New York (October 31, 2017, 12:48 PM EDT) -- We gave a talk recently at the Washington Legal Foundation on personal jurisdiction after last term’s United States Supreme Court decisions in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (“BMS”), and BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (2017) (“BNSF”).

One of the highlighted areas of emerging jurisdictional issues was MDL practice — specifically the MDL practice of allowing plaintiffs anywhere in the country to “direct file” actions into the MDL after it has been established — thereby bypassing the...
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