Personal Jurisdiction in Class Actions After Bristol-Myers Squibb Co. v. Super. Ct. of Cal.
Strategies for Using a Personal Jurisdiction Challenge to Defeat Class Certification and Avoid Burdensome Pre-Certification Discovery
Recording of a 90-minute CLE webinar with Q&A
This CLE course will offer counsel new arguments for challenging class actions at the pleadings and the pre-certification and certification stages on jurisdictional grounds, as well as guidance in applying a landmark Supreme Court decision to class actions.
- Overview of Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773 (2017)
- Discussions of recent circuit court opinions and select district court opinions construing Bristol-Myers
- Using Rule 12 at the pleadings stage and at least preserving personal jurisdiction arguments
- Challenging personal jurisdiction at the class certification stage
- Prohibitions against using discovery to find a plaintiff
The panel will review these and other critical issues:
- Transfer motions under 28 U.S.C. § 1404, 1406, and 1631 and Bristol-Myers.
- Overview of recent Supreme Court cases on general jurisdiction: BNSF Railway Co. v. Tyrrell, 136 S. Ct. 1549 (2017).
- Registration and Tag Jurisdiction: What is the state of play on using these bases to establish general jurisdiction over a class defendant.
Kevin P. Daly
Robinson & Cole
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of... | Read More
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of Robinson+Cole's Business Litigation Group and Manufacturing Industry Team.Close
Jennifer A. Riley
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class... | Read More
Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings. She regularly represents companies facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members. Ms. Riley counsels and defends employers from a range of employment law theories, including claims of race, age, gender, and disability discrimination, sexual harassment, retaliation, and alleged wage and hour violations.Close
Aaron S. Weiss
Mr. Weiss maintains a national litigation practice focused on telecommunications law, class actions and consumer... | Read More
Mr. Weiss maintains a national litigation practice focused on telecommunications law, class actions and consumer claims. He also frequently counsels insurance companies on complex coverage issues relating to class actions and other aggregated litigation. Mr. Weiss has particularly extensive experience in litigating matters under the TCPA. He has litigated dozens of TCPA cases on both a single plaintiff and class basis. His experience includes cases relating to conduct that occurred as early as 2005, and he has been involved in many precedent-setting Florida TCPA decisions.Close