Tuesday, June 20, 2017

Supreme Court Further Curbs Plaintiffs' Venue Shopping With Bristol-Myers Ruling

Fox Business reports:
The Supreme Court on Monday dealt a blow to consumer plaintiffs by limiting where lawsuits against companies with business in multiple states can be heard.

The ruling was one of a series this term limiting so-called forum shopping, where plaintiffs' attorneys file suit in a state or federal court they believe will be sympathetic to their claims.
There's more:
Justice Alito called that "a loose and spurious form of general jurisdiction" that fell outside the high court's precedent.

"The nonresidents were not prescribed Plavix in California, did not purchase Plavix in California, did not ingest Plavix in California, and were not injured by Plavix in California," he wrote. "The mere fact that other plaintiffs were prescribed, obtained, and ingested Plavix in California -- and allegedly sustained the same injuries as did the nonresidents -- does not allow the state to assert specific jurisdiction over the nonresidents' claims."

Only Justice Sonia Sotomayor dissented.
The trial lawyer lobby loses one in court.