Defeating Class Certification: Using Personal Jurisdiction to Defeat Litigation Tourism

Navigating the District Court Split Over Bristol-Meyers Squibb; Grounds for Successful Motions; Preserving the Issue for Appeal

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, December 5, 2019

Recorded event now available

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Program Materials

This CLE webinar will discuss using personal jurisdiction arguments after the Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court (BMS) to defeat class actions pre-certification. The panel will address recent cases applying BMS to class actions and discuss successful strategies and tactics for raising and preserving personal jurisdiction arguments.

Description

While the Supreme Court's decision in BMS curtailed the reach of litigation tourists in multi-plaintiff litigation, it did not provide that its holding applies to class actions. District courts are divided in its application to unnamed, nonresident plaintiffs in class actions. Recently, federal courts have tended to reject the exercise of personal jurisdiction over claims of unnamed, nonresident class members where a class cannot be certified.

California's federal courts have led the way in declining to extend BMS in this context. These courts rely on a distinction between mass tort actions, where all plaintiffs are named and considered real parties-in-interest, and class actions when a plaintiff injured in the forum seeks to represent a class of similarly situated but unnamed individuals.

Federal courts in Illinois have rejected the exercise of personal jurisdiction over claims of unnamed, nonresident class members. These courts rely on the Supreme Court's emphasis that a sufficient nexus between the defendant, the forum, and the underlying claims is required. Federal courts in other jurisdictions generally align with the federal courts in Illinois and have applied BMS to class actions. But different courts have circumvented the application of BMS by holding that federalism concerns in BMS apply only to state court claims.

Listen as our authoritative panel of class action practitioners discusses recent trends regarding exercising personal jurisdiction after BMS. The speakers will address recent cases applying BMS to class actions and discuss successful strategies and tactics for raising and preserving personal jurisdiction arguments.

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Outline

  1. Recent trends and decisions
  2. Legal bases
    1. The legal standard
    2. Grounds for successful motions
    3. Preserving the issue for appeal
  3. Best practices
  4. Case studies

Benefits

The panel will review these and other vital issues:

  • When and how are personal jurisdiction arguments best brought?
  • When is a "motion to strike" the appropriate vehicle to attack personal jurisdiction?
  • What is the right procedural mechanism for attacking personal jurisdiction?
  • What impact do these arguments have on individual and class claims?
  • What standard of review do the various circuits apply when deciding whether to find personal jurisdiction?
  • What are some best practices for defense counsel for leveraging these motions?

Faculty

Fredrich, Christopher
Christopher R. Fredrich

Special Counsel
Stroock & Stroock & Lavan

Mr. Fredrich focuses his practice on complex civil litigation, with an emphasis in financial services matters and...  |  Read More

Ruttinger, Michael
Michael J. Ruttinger

Counsel
Tucker Ellis

Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across...  |  Read More

Stepanyan, Julieta
Julieta Stepanyan

Atty
Stroock & Stroock & Lavan

Ms. Stepanyan’s practice focuses on the defense of class actions and other complex litigation, including actions...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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48 hours after event

$297

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48 hours after event

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