Law360 Publishes Akin Gump Article on Impact of Appellate Rulings on Class Action Defendants
Contact:
Law360 has published the article “What 2 Jurisdiction Rulings Mean For Class Action Defendants,” written by Akin Gump litigation partner Anthony Pierce, senior counsel Caroline Wolverton and associate Jason Gangwer.
The article notes that, since the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, “class action defendants sued outside their home state have relied on its conclusion that personal jurisdiction is required for all plaintiffs’ claims in a mass tort action in arguing that personal jurisdiction is required for all class members’ claims in a class action.” The Court recognized, the authors write, “that due process in the form of limits on personal jurisdiction shields a defendant from suit in a forum for claims that do not arise from or relate to activities the defendant has chosen to undertake in that forum.”
In two separate rulings last month, the article states that the 7th and D.C. Circuit Courts of Appeal “both denied motions to eliminate claims of putative class members for lack of jurisdiction.” The authors examine the different reasons behind the two rulings, concluding that class action defendants in both Circuits “should prepare for discovery concerning putative class members’ claims, even if they are out-of-state and lack minimum contacts with the forum state.”
To read the full article, please click here.
People Mentioned in This News
