Reading the Tea Leaves of Early Post-Bristol-Myers Personal Jurisdiction Decisions

BNA's Class Action Litigation Report

Geoffrey M. Wyatt Jordan M. Schwartz

The Supreme Court's June 2017 ruling in Bristol-Myers Squibb Co. made clear that there is no specific personal jurisdiction over defendants for claims asserted by plaintiffs whose allegations have no connection to the forum, even when those claims are joined with those of plaintiffs whose claims are connected. However, plaintiffs’ attorneys already have begun experimenting with potential work-arounds, and recent decisions will likely embolden them to press forward with forum-shopping tactics.