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BT Product Liability - News and Trends in Product Liability Litigation
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20 Jun 2017 High Court Limits Litigation Forum Shopping

  Product liability legal practitioners have been anticipating the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 582 U.S. – (June 19, 2017). Announced on Monday, the 8-1 decision did not disappoint, firmly curtailing the ability of out-of-state residents to forum shop for a favorable jurisdiction in mass tort litigation. In the decision, the Court held that continuous activity in a state, alone, does not create jurisdiction; instead, there must be a link between the forum and an individual lawsuit…

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10 May 2017 A Win for Corporate Defendants in the Fight to Limit Personal Jurisdiction

  An opinion out of Missouri offers optimism that courts are beginning to limit personal jurisdiction over a non-resident defendant. In State ex rel. Norfolk Southern Railway Co. v. Dolan, Russell Parker, an Indiana resident, filed suit in St. Louis County, Missouri, against his employer, Norfolk Southern, under the Federal Employer’s Liability Act. Parker, alleged injuries sustained while working in Indiana for Norfolk Southern, a Virginia-based corporation.   The Missouri Supreme Court held that Missouri lacked specific and general personal jurisdiction over Norfolk Southern. As…

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