Personal Jurisdiction After Bristol-Myers Squibb: Unresolved Issues, Shifting Plaintiff Strategies

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

Conducted on Tuesday, November 7, 2017

Recorded event now available

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Program Materials

This CLE webinar 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.

Description

The Supreme Court’s recent Bristol-Myers Squibb ruling continues the Court’s trend toward a constrictive view of corporate specific jurisdiction, starting with its 2011 Goodyear Dunlop Tires Operations v. Brown decision and the 2014 Daimler AG v. Bauman ruling.

The Court’s ruling in BMS follows its 2017 decision in BNSF Railway Co. v. Tyrrell, which held that the Court’s general jurisdiction decision in Daimler is based on the Fourteenth Amendment and is not limited to certain types of claims.

The BMS decision limits jurisdiction to those states where the defendant is incorporated or has its principal place of business. Plaintiffs must adapt their theories to assert jurisdiction after each Supreme Court ruling.

Defendants must prepare for the shift in litigation tactics post-BMS and develop effective responses. Despite the clear impact of the BMS ruling, several unanswered questions remain.

Listen as our panel of litigators analyzes personal jurisdiction over corporate defendants after the Supreme Court’s Bristol-Myers Squibb and BNSF Railway Co. rulings. The program will discuss prior rulings by the Supreme Court on corporate jurisdiction, as well as decisions issued since the BMS/BNSF rulings. The panel will review unresolved issues and discuss expected plaintiff litigation tactics.

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Outline

  1. Prelude to Bristol-Myers Squibb and BNSF Railway Co.
    1. Goodyear Dunlop Tires Operations v. Brown (2011)
    2. Daimler AG v. Bauman (2014)
  2. Bristol-Myers Squibb v. Superior Ct. and BNSF Railway Co. v. Tyrrell
  3. Unresolved legal issues
  4. 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

Ackerman, Wystan
Wystan M. Ackerman
Partner
Robinson & Cole

Mr. Ackerman is Chair of the firm's Class Action Team. He has defended major insurers across the country in class...  |  Read More

Kelman, Leah
Leah Kelman, Esq.
Herrick Feinstein

Ms. Kelman concentrates her practice on complex commercial litigation, including class action defense, title insurance,...  |  Read More

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