SCOTUS Review: The Impact of Recent Decisions on Jurisdiction and Venue
Created on December 13, 2017
In the spring of 2017, the U.S. Supreme Court handed down a trilogy of cases that addressed issues of venue, general personal jurisdiction and specific personal jurisdiction - see TC Heartland v. Kraft Foods, 137 S. Ct. 1514 (2017); BNSF Railway v. Tyrell, 137 S. Ct. 1549 (2017); Bristol-Myers Squibb v. Superior Court of Cal., 137 S.Ct. 1773 (2017).
This course, presented by Dechert attorneys Debra O'Gorman, Katherine Wyman, and Will Sachse, will discuss and analyze these decisions and the manner in which they have been interpreted since they came down. The Bristol-Myers Squibb decision in particular has had immediate and far-reaching implications in mass tort cases brought in states where neither the plaintiff nor defendant reside, and continued reverberations are expected. The course will delve into the factors applicable to determining whether a corporate defendant is subject to jurisdiction, and will also include practical tips for determining the proper forum to initiate a lawsuit, the preservation of jurisdictional defenses and asserting challenges to jurisdiction, including in cases pending prior to these decisions.
- Discuss updates on the recent Supreme Court decisions shaping the law in this area
- Identify factors relevant to determining where a defendant "resides" for jurisdictional purposes
- Define what these decisions mean for future forum shopping
- Provide tools for determining the proper forum to initiate a lawsuit, preservation of defenses and available jurisdictional challenges, including whether jurisdictional challenges can be raised where they were not pursued previously
- Address strategic implications of "shattering" the litigation or forcing the litigation to be brought in defendant's home state
- Analyze the impact of jurisdictional challenges on statutes of limitations and tolling doctrines
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