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Civil Procedure

Scott Dodson

Bristol-myers squibb

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Personal Jurisdiction And Aggregation, Scott Dodson Dec 2017

Personal Jurisdiction And Aggregation, Scott Dodson

Scott Dodson

Aggregation—the ability to join parties or claims in a federal civil lawsuit—has usually been governed by subject-matter jurisdiction, claim and issue preclusion, and the joinder rules. These doctrines have tended to favor aggregation because of its efficiency, consistency, and predictability. Yet aggregation is suddenly under attack from a new threat, one that has little to do with aggregation directly: personal jurisdiction. In this Article, I chronicle how a recent restrictive turn to personal jurisdiction—especially though modern cases narrowing general jurisdiction and last Term’s blockbuster case Bristol-Myers Squibb—threatens the salutary benefits of aggregation across a number of areas, including simple …