District Courts Divide over Application of “Bristol-Myers Squibb” Decision to Class Actions

troyer_brian_240x470Guest Commentary

By Brian A. Troyer, a Partner with Thompson Hine LLP in its Cleveland, OH office.

In a September 8, 2017 Washington Legal Foundation Legal Backgrounder on Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), I noted that it would remain to be determined how courts would apply it to nationwide and multistate class actions. An Illinois federal court recently became the latest to confront this issue, holding that it lacked jurisdiction over the defendant with respect to claims of nonresident class members, disagreeing with courts in California and Louisiana. The result is a clear split among district courts on the question, and the issue is likely to be brought to the U.S. Supreme Court if courts of appeal also reach opposite conclusions on such a fundamental question. Continue reading “District Courts Divide over Application of “Bristol-Myers Squibb” Decision to Class Actions”