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Beyond Bristol-Myers: Personal Jurisdiction Over Class Actions, Adam Steinman
Beyond Bristol-Myers: Personal Jurisdiction Over Class Actions, Adam Steinman
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The Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court threatens a sea change in the relationship between personal jurisdiction and aggregate litigation. The most crucial concern has been what the decision means for class actions. Must a court subject the claims of every unnamed class member to separate jurisdictional scrutiny? If so, it could be impossible for a plaintiff who sues in her home state to represent class members outside that state; instead, the Constitution would permit multistate or nationwide class actions only in states where the defendant is subject to general jurisdiction. For claims against a …