Why ‘Bristol Myers’ Doesn’t Apply to Class Actions

By Tal J. Lifshitz and Rachel Sullivan

Class action defendants are attempting to rewrite longstanding principles of personal jurisdiction, trying to defeat certification of nationwide classes by arguing that a court lacks personal jurisdiction over out-of-state class members’ claims where the defendant does not reside in the court’s forum state.

Tal J. Lifshitz is an attorney in Kozyak Tropin and Throckmorton’s complex litigation department. He can be reached at tjl@kttlaw.com.

Rachel Sullivan is an attorney and of counsel to Kozyak Tropin & Throckmorton’s complex litigation department. She can be reached at rs@kttlaw.com.

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