Why Bristol-Myers Applies To Absent Class Members: Part 2
By Brian TroyerAugust 7, 2018, 2:53 PM EDT
Law360 (August 7, 2018, 2:53 PM EDT) -- The split among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions is growing. This three-part article examines the reasoning of courts that have declined to apply BMS to absent class members. I conclude that these courts have produced internally contradictory and legally problematic results.
The first installment reviewed a couple of key principles: first, that specific jurisdiction does not transfer or extend from one plaintiff’s claim to another’s, and second, that absent class members are “parties” for purposes of specific...