Napoli Shkolnik Highlighted for Bristol Myers Litigation

Napoli Shkolnik Highlighted for Bristol Myers Litigation

December 19, 2016 | Pharmaceutical Litigation

As was reported by Tony Mauro of the NYLJ and Ben Hancock of The Recorder, personal jurisdiction cases are a hot issue right now, with four cases pending before the U.S. Supreme Court.

In the Bristol-Myers case, the California Supreme Court ruled that both in-state and out-of-state plaintiffs could sue the pharmaceutical company in California for injuries and deaths caused by Plavix, the blood-thinning drug.

The California Supreme Court’s 4-3 decision in Bristol-Myers Squibb v. Anderson disappointed defense attorneys who thought it would go the other way and finally limit California’s pull as a friendly venue for mass tort claims.

The company had sought to exclude non-California plaintiffs from the litigation, but a majority of justices ruled that California courts had “specific jurisdiction” because Bristol-Myers conducted significant research, sales and marketing within the state. “We conclude the company’s California activities are sufficiently related to the nonresident plaintiffs’ suits.”

Napoli Shkolnik Highlighted for Bristol Myers Litigation
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CATEGORY: Pharmaceutical Litigation

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