On Thursday, February 22, 2018, attorney Kristi Brownson presented a CLE on personal jurisdiction issues following the recent Supreme Court decision in Bristol-Myers. (See MDLA Presentation Overview.) The discussion ranged from addressing the fundamentals of personal jurisdiction analysis to identifying areas of concern for attorneys (e.g. misapplication of the analysis, courts ignoring the Supreme Court decision, etc.)
While personal jurisdiction analysis may be a distant memory for some (e.g. cramming for law school exams), for those practicing in product liability, corporate litigation, and mass torts, it is a hot button issue right now. This is because the recent precedent framing the narrow scenarios in which a non-resident defendant may be haled into another state’s court, provides an even stronger basis to be daring and move for dismissal for lack of personal jurisdiction where there is no nexus between the non-resident defendant, the plaintiff’s injury/claim, and the forum state. (See Presentation Powerpoint.) For example, Brownson • Norby attorneys have recently been successful in asserting the personal jurisdiction defense–ultimately getting the case refiled in a proper forum. (See Brownson • Norby Obtains Key Personal Jurisdiction Ruling.)
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