Thursday, January 19, 2017
The U.S. Supreme Court’s docket of civil procedure and federal courts cases continues to expand. Today the U.S. Supreme Court granted certiorari in Bristol-Myers Squibb Co. v. Superior Court, which will review a California Supreme Court decision handed down this summer. The cert petition presents the following question:
The Due Process Clause permits a state court to exercise specific jurisdiction over a defendant only when the plaintiff’s claims “arise out of or relate to” the defendant’s forum activities. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985) (citation omitted). The question presented is:
Whether a plaintiff’s claims arise out of or relate to a defendant’s forum activities when there is no causal link between the defendant’s forum contacts and the plaintiff’s claims—that is, where the plaintiff’s claims would be exactly the same even if the defendant had no forum contacts.
You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog.