News & Analysis as of

Class Action Personal Jurisdiction Bristol-Myers Squibb Co v Superior Court of California - San Francisco County

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
BakerHostetler

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

BakerHostetler on

The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

FordHarrison

Sixth Circuit Limits the Scope of Collective Actions

FordHarrison on

Executive Summary: The Sixth U.S. Circuit Court of Appeals (the federal appeals court with jurisdiction over Kentucky, Michigan, Ohio, and Tennessee) recently held that Fair Labor Standards Act (FLSA) lawsuits filed on behalf...more

Littler

Circuit Courts Endorse Limiting Jurisdiction in FLSA Collective Actions

Littler on

In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA)...more

Kilpatrick

SCOTUS Denies Cert on Seventh Circuit Refusal to Apply Bristol-Myers Personal Jurisdictional Ruling to Class Actions

Kilpatrick on

Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional ruling in Bristol-Myers to class actions. We then wrote an update that the Seventh...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Declines to Resolve Whether Its Bristol-Myers Squibb Decision Applies to Class Actions

The Supreme Court recently declined to review the Seventh Circuit’s ruling in Mussat v. IQVIA, Inc., 953 F.3d 441 (7th Cir. 2020), which found that the logic of Bristol-Myers Squibb Co. v. Superior Court of California, 582 US...more

Troutman Pepper

Class Action Defense Strategies in the Eastern District of Virginia’s ‘‘Rocket Docket’’

Troutman Pepper on

Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Littler

Fifth Circuit Weighs in on Personal Jurisdiction and Certification Issues in Rule 23 Class Actions

Littler on

The application of the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), to class actions has led to much confusion and an ever-widening circuit split....more

King & Spalding

D.C. Circuit and Seventh Circuit Address Applicability of Bristol-Myers Squibb’s Personal Jurisdiction Ruling to Putative Class...

King & Spalding on

Predominant Issues has been tracking district court decisions across the country addressing whether the Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California—which reiterated that a plaintiff’s...more

Kilpatrick

Seventh Circuit rules that Bristol-Myers personal jurisdictional ruling does not apply to class actions

Kilpatrick on

Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional holding in Bristol-Myers to class actions. We anticipated that this issue would...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Avoids Decisive Ruling on Personal Jurisdiction in Class Actions

We have repeatedly mentioned the long-awaited decision in Molock v. Whole Foods Market Group, Inc. from the District of Columbia Circuit. While we hoped this opinion would finally provide some circuit-level clarity about how...more

Pierce Atwood LLP

Two Courts of Appeals Issue Decisions Addressing Whether Bristol-Myers Squibb’s Personal Jurisdiction Holding Extends to Class...

Pierce Atwood LLP on

We have previously written about the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) and how the federal district courts were applying it. Now, two Courts...more

Womble Bond Dickinson

Seventh Circuit Holds District Court Had Jurisdiction Over Claims of Unnamed Non-Resident Class Members in TCPA Class Action

Womble Bond Dickinson on

In 2017, the Supreme Court held in the context of a coordinated mass action that a California State Court did not have jurisdiction over claims asserted against the defendant by plaintiffs who were not residents of the state....more

Foley & Lardner LLP

D.C. Circuit Sidesteps Bristol-Myers Personal Jurisdiction Defense in Class Action, but Seventh Circuit Rejects It

Foley & Lardner LLP on

This week, two federal appellate courts published notable opinions on the intersection between personal jurisdiction jurisprudence and Rule 23 class action procedure. The defendants in both cases face nationwide class...more

Skadden, Arps, Slate, Meagher & Flom LLP

2020 Class Action Outlook

Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Party of One: Collective Action Against Outback Steakhouse Denied due to Lack of Personal Jurisdiction

The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more

Carlton Fields

When Is a Defense “Available”? Avoiding Waiver by Being Bold When Asserting Defenses

Carlton Fields on

It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more

Faegre Drinker Biddle & Reath LLP

Federal Courts Continue to Split Over Whether They Have Personal Jurisdiction Over Claims Brought By Non-Forum Class Members...

For years, the plaintiffs’ bar has crammed thousands of non-forum class members into a single action in order to more easily justify broader discovery requests, and to more quickly aggregate statutory damages. And many...more

King & Spalding

Seventh Circuit to Decide Whether Recent U.S. Supreme Court Opinion on Personal Jurisdiction Applies to Class Actions

King & Spalding on

The Seventh Circuit will soon decide the extent to which the Supreme Court’s recent personal jurisdiction decision in Bristol-Myers Squibb v. Superior Court of California applies to class actions. The Seventh Circuit’s...more

Mintz

TCPA Class Action Update: Whole Foods Seeks Guidance from the US Court of Appeals for the DC Circuit: Does Bristol-Myers Apply to...

Mintz on

In 2017, the United States Supreme Court decided the Bristol-Myers Squibb case, which limited state court jurisdiction. Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1777 (2017). In Bristol-Myers, 600...more

Balch & Bingham LLP

Top 10 Key Class Action Points for 2019

Balch & Bingham LLP on

Some legal commentators and lawyers have pronounced the death of class actions in light of significant changes in the law in the last fifteen years, including the passage of the Class Action Fairness Act and the Supreme...more

Bradley Arant Boult Cummings LLP

Court Strikes Non-Forum Class Members’ Claims in TCPA Class Action under Bristol-Myers Squibb

We have been closely watching how courts have applied the Supreme Court’s Bristol-Myers Squibb decision in the class action context, and the early results are mixed. But the Northern District of Illinois made a big step in...more

Akin Gump Strauss Hauer & Feld LLP

Jurisdiction over Absent Class Members Following Bristol-Myers: The District Court Split Continues

• As evidenced by a recent opinion issued in the Northern District of Illinois, district courts continue to wrestle with the applicability of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of...more

48 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide