Personal Jurisdiction After Bristol-Myers Squibb: Unresolved Issues, Shifting Plaintiff Strategies
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the issue of personal jurisdiction over corporate defendants in light of the Supreme Court’s recent Bristol-Myers Squibb v. Superior Ct. and BNSF Railway Co. v. Tyrrell rulings. The program will review the progression of the Court’s prior decisions on corporate jurisdiction, as well as lower court decisions issued since the BMS/BNSF rulings. The program will discuss key unresolved legal issues and expected litigation tactics by plaintiffs.
Outline
- Prelude to Bristol-Myers Squibb and BNSF Railway Co.
- Goodyear Dunlop Tires Operations v. Brown (2011)
- Daimler AG v. Bauman (2014)
- Bristol-Myers Squibb v. Superior Ct. and BNSF Railway Co. v. Tyrrell
- Unresolved legal issues
- Evolving plaintiff tactics
Benefits
The panel will review these and other key issues:
- What are the implications of Bristol-Myers Squibb v. Superior Court for litigation proceeding in states where the defendant is not subject to general jurisdiction?
- Does the Fifth Amendment similarly restrict personal jurisdiction by a federal court that the Fourteenth Amendment imposes on state courts?
- How have plaintiffs adjusted their litigation strategies in response to prior Supreme Court cases restricting corporate personal jurisdiction and what might we expect to see post-Bristol-Myers Squibb?
Faculty
Wystan M. Ackerman
Partner
Robinson & Cole
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been... | Read More
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. Mr. Ackerman has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.
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Leah Kelman
Partner
Herrick Feinstein
Ms. Kelman concentrates her practice on complex commercial litigation, including class action defense, title insurance,... | Read More
Ms. Kelman concentrates her practice on complex commercial litigation, including class action defense, title insurance, and professional responsibility and ethics. Her class action and product liability experience in both state and federal courts is substantial, and includes her role as a key member of the firm teams in a wide array of litigated cases.
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