Jenner & Block

Seventh and DC Circuits Allow Nationwide Class Actions with Claims of Out-of-State Plaintiffs after Bristol-Myers Squibb

This week, the Seventh and DC Circuits issued long-awaited and major decisions addressing a critical issue in class action litigation—whether a federal court has jurisdiction to hear claims by out-of-state members of a putative nationwide class action whose claims lack a connection to the forum.  Both courts said yes, albeit for different reasons, becoming the first appellate courts to address the issue the Supreme Court explicitly left unresolved in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017).  As other circuit courts weigh in, and possibly disagree, the Supreme Court will likely be called upon to resolve the issue. 

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