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Delaware Supreme Court Allows Take Home Claims for Spouses Against Product Manufacturers

Posted in Asbestos, Jurisdiction, Litigation Industry

The Delaware Supreme Court issued a unanimous June 27, 2018 opinion allowing “take home” asbestos claims against manufacturers. The ruling is a big deal in light of Delaware’s place in the corporate world, and recent rulings on personal jurisdiction. The opinion by Chief Justice Strine cuts through to core issues, and no doubt will be… Continue Reading

Delaware Supreme Court Holds that Determination that an Adequate Alternative Forum Exists is Not Required for Dismissal on Forum Non Conveniens Grounds

Posted in Constitutional Law/Mass Tort Law, Global Tort Litigation, Jurisdiction, Litigation Industry, Mass Tort Issues

Once upon a time, it seemed the 1980 ruling in  World-Wide Volkswagen would control forever, and that jurisdictional jurisdictional issues were well-settled in the US  for tort claim cases.  Today, the world is not so simple, as illustrated by (among others) prior posts here, here and here,  and innumerable articles around the internet. Last year, in a September… Continue Reading

Jurisdictional Arguments to Delaware Supreme Court: Are Conditions Appropriate in Dismissal Orders in Cross Border Toxic Tort Cases?

Posted in Asbestos, Jurisdiction, Litigation Industry

Jurisdiction for toxic tort suits remains a “hot topic.”  A new example arises from oral argument in a Delaware Supreme Court case involving claims of disease in Argentine farm families. The suit was filed by well known US plaintiff firms against big tobacco entities. The substantive issues go to whether an order of dismissal should… Continue Reading

BMS is Out; Personal Jurisdiction Narrowed for “Mass Tort” Cases

Posted in Jurisdiction, Litigation Industry, Mass Tort Issues

As expected, SCOTUS used the BMS case to narrow the rules for the assertion of personal jurisdiction against a defendant.  Bexis provided the short version summary in a June 19, 2017 post at Drug & Device blog. Some defendants will be pleased but others are not pleased. Ditto for lawyers, on both sides. Inevitably, this… Continue Reading

Analysis of Personal Jurisdiction Arguments at SCOTUS on “Mass Tort” Cases

Posted in Asbestos, Jurisdiction, Litigation Industry, Mass Tort Issues

The following is a guest post from Maron Marvel Bradley Anderson & Tardy LLC. As always, the analysis is cogent and very much appreciated. HIGH COURT HEARS PERSONAL JURISDICTION ARGUMENTS April 25, 2017 – Washington, D.C. – Oral argument was heard today on two cases that may impact the application of the high court’s personal jurisdiction… Continue Reading

SCOTUS Takes Up Issues on Jurisdiction and Groups of Mass Tort Cases

Posted in Jurisdiction, Litigation Industry, Mass Tort Issues

Yet again, SCOTUS is taking up issues that matter for mass tort cases. This time it granted cert to look at the constitutional law and jurisdiction issues tangled up when groups of “mass tort” cases are concentrated in one venue.  The new issues arise out of pharma claims that do have more national overtones due… Continue Reading

California and Illinois Courts Reject Drug Defendant Arguments in Mass Tort Jurisdiction Cases

Posted in Jurisdiction, Litigation Industry, Mass Tort Issues

Drug defendant positions on jurisdictional issues in “mass tort” cases were rejected yesterday and late last week in new rulings from appellate courts in California and Illinois in groups of Plavix and Paxil cases. The broader and more notable of the two is the ruling by the California Supreme Court.  The Illinois opinion is here,… Continue Reading

“Foreign Parents and Local Subsidiaries” – SCOTUS’ Latest View on International Assertion of Jurisdiction

Posted in Jurisdiction

Crowell & Moring  issued a nice summary of SCOTUS’ recent decision on assertion of general jurisdiction against a "foreign" plaintiff corporation, Daimler v. Baumann decision (link is to SCOTUSBlog, which links all the papers).  The opinion is interesting, but may well prove narrow in actual impact. … Continue Reading

US Supreme Court Renders Two More Rulings that Will Stimulate Global Networking Among Members of the Plaintiff’s Bar, and That Should Cause US Importers to Look Carefully at Their Contracts with Overseas Manufacturers

Posted in Jurisdiction

The US Supreme Court issued two end of term opinions which in the long-term ultimately will stimulate the global expansion of the plaintiff’s bar.  In the short-term,  the result ultimately may hurt US businesses by allowing overseas competitors to dump defective products into the US with less fear of being sued. The opinions address issues regarding… Continue Reading

Defective Products and Non-US Manufacturers – New Jersey Supreme Court Acknowledges Global Trade and Expands Personal Jurisdiction

Posted in Jurisdiction

With a hat tip to Sean Wajert at the MassTort Defense blog, for an article on the opinon, set out below  are recent, striking words from the New Jersey Supreme Court on the scope of the state’s power to exercise jurisdiction over non-US companies that export goods to the United States, The Court minces no words in responding… Continue Reading