PRACTITIONER BLOG

Read our analyses of developments in Impact Litigation and stay current on class action law

Unanimous SCOTUS decision in Ford case a big win for consumers, clarifies doctrine of personal jurisdiction
Personal Jurisdiction, SCOTUS Teddy Basham-Witherington Personal Jurisdiction, SCOTUS Teddy Basham-Witherington

Unanimous SCOTUS decision in Ford case a big win for consumers, clarifies doctrine of personal jurisdiction

The Supreme Court’s recent 8-0 decision in Ford Motor v. Montana Eighth Judicial District Court, No. 19-368 (U.S.S.C. March 25, 2021), on personal jurisdiction is a feast for those who love civil procedure and a victory for consumers. The case is about whether state courts can exercise specific personal jurisdiction over a corporate defendant in individual personal injury actions and was an effort by a global corporate defendant to push Bristol-Myers still further in the direction of limiting the forums in which victims of corporate malfeasance may sue defendants. In this case, Ford got no traction from any of the justices even those who were in the majority in Bristol-Myers.

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Answering Question Left Open by SCOTUS, D.C. and Seventh Circuits Side With Plaintiffs on Specific Personal Jurisdiction in Class Actions
Class Actions Teddy Basham-Witherington Class Actions Teddy Basham-Witherington

Answering Question Left Open by SCOTUS, D.C. and Seventh Circuits Side With Plaintiffs on Specific Personal Jurisdiction in Class Actions

In quick succession last week, the D.C. and Seventh Circuits handed down two decisions favorable to class action plaintiffs on specific personal jurisdiction in federal court. So, good news for plaintiffs today, but these cases are not the last we will hear on this subject.

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Class Action Cert, Due Process Clause, HR 985 Teddy Basham-Witherington Class Action Cert, Due Process Clause, HR 985 Teddy Basham-Witherington

SCOTUS RULING AT ODDS WITH H.R. 985, WHICH WOULD PERMIT IMMEDIATE APPEALS OF ALL CLASS CERTIFICATION ORDERS

While the Microsoft case is a clear victory for corporate defendants, there is some language in the opinion that may be useful in another important fight in a different venue. H.R. 985, the anti-class action bill passed earlier this year by the House, would permit an interlocutory appeal from every class certification order. The high court’s opinion strongly endorsed a contrary perspective – it highlighted the wisdom of Rule 23(f)’s “careful calibration” of the question as well as the preference for determining such issues through rulemaking rather than legislation. Senate Judiciary Committee, are you listening? 

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