Why Bristol-Myers Applies To Federal Class Actions
By William Delgado and Amelia Sargent (March 30, 2018, 11:29 AM EDT) -- On June 19, 2017, the U.S. Supreme Court issued a ruling with major implications for the ability of plaintiffs to band together to sue foreign corporations who are not "at home" in the state in which the lawsuit is brought. In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a group of plaintiffs — some California residents, some not — brought a mass tort action against the pharmaceutical manufacturer Bristol-Myers Squibb (BMS) for injuries allegedly caused by the drug Plavix. Lacking general personal jurisdiction over BMS, which is incorporated in Delaware and headquartered in New York, the plaintiffs argued that the California Superior Court could nevertheless exercise specific personal jurisdiction because of BMS's wide-ranging business contacts within the state of California....
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