Tuesday, April 25, 2017

Civ Pro returns to SCOTUS (Updated)

Something to watch that I forgot to mention in class yesterday: SCOTUS on Tuesday hears two new personal jurisdiction cases. Bristol-Myers Squibb v. Superior Court considers a broad approach adopted by the Supreme Court of California for when contacts "relate to" a claim--under the court's "sliding scale," contacts outside California could still relate to identical contacts in California that cause the same harm. BNSF Railway v. Tyrell considers whether an entity can be essentially at home any place other than its state of incorporation and principal place of business-that is, whether the old "doing business" general jurisdiction can survive at all. There is a side issue of whether some statutory language in the Federal Employees Liability Act (the federal statute governing lawsuits by railroad employees) affects venue in federal court or personal jurisdiction in state court.

Update: Transcript of Bristol-Myers; transcript of BNSF. Again, worth reading over as a review/application of these topics.