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  • Writer's pictureKirk Hartley

More on SCOTUS Arguments About Jurisdiction in Tort Cases

Another helpful summary of SCOTUS and jurisdiction issues is set out in a May 1, 2017 post by Bexis at Drug & Device blog. As he says, tea leaf reading is tough. But assuming defendants do “win” these cases, it seems likely one outcome will be more “splitting of causes of action,” and defendants will lose the ability to complain – effectively – about the splitting. It also seems that a defendant “at home in states A and B”  will lose the ability to seek to bar claims or apply collateral estoppel based on litigation outcomes in states P and Q against some other defendant that could be sued only in states P and Q. That could produce a mix of outcomes. One would think that outcome will 1) increase the absolute number of lawsuits, 2) reduce defendants per lawsuit, 3) discourage some lawsuits, and 4) increase the pressure on defendants that are sued.

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