9th Circ. Jurisdiction Ruling Guides On Class Action Strategy

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By Christina Sarchio, Jonathan Tam and Lincoln Wilson (November 12, 2021, 5:38 PM EST) — Ever since the U.S. Supreme Court issued its 2017 landmark personal jurisdiction ruling in Bristol-Myers Squibb Co. v. Superior Court of California, the lower courts have wrestled with how to apply its principles to class actions.[1]

If courts lack personal jurisdiction over claims of nonresident plaintiffs against nonresident defendants in aggregated mass actions, then logic suggests courts also lack jurisdiction over claims by nonresident class members against nonresident defendants in nationwide class actions.

But in the four years since that landmark ruling, district and circuit courts have divided on this point.

Some hold that Bristol-Myers bars personal jurisdiction over nationwide classes…

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