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 the wake of the Supreme Court’s 2017 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, lower court decisions issued since the BMS/BNSF rulings, and key unresolved legal issues in the year following the BMS decision.
- 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
- Decisions applying Bristol-Myers and BNSF and unresolved legal issues
- Evolving plaintiff tactics
The panel will review these and other noteworthy 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 unresolved questions remain post-Bristol-Myers Squibb?
Wystan M. Ackerman
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.Close
Arnold & Porter Kaye Scholer
Mr. Agneshwar is Co-Chair of the firm's Product Liability Litigation practice group. He represents pharmaceutical... | Read More
Mr. Agneshwar is Co-Chair of the firm's Product Liability Litigation practice group. He represents pharmaceutical and consumer product companies as national, strategic, trial, and appellate counsel in product liability litigation and related litigation. Mr. Agneshwar’s experience includes nearly a dozen bench and jury trials, numerous Daubert and Daubert-style hearings, and hundreds of significant arguments in state and federal trial and appellate courts across the country. He also counsels clients on litigation risks, US FDA regulatory issues, and the litigation and compliance impact of potential legislation. Mr. Agneshwar writes frequently on product liability and FDA issues.Close
Michael J. Ruttinger
Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across... | Read More
Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across the country. He advises and advocates for clients at all phases of a case, from pre-litigation consulting on regulatory issues, to dispositive and class-certification motions, to appeals. Mr. Ruttinger regularly handles complicated, high-stakes issues for clients ranging from challenges to class certification to developing strategies for seeking summary judgment and excluding unreliable expert opinions. He is a frequent writer and speaker on the application of class action and product liability laws to emerging technologies.Close