Latest Battle in War on Class Actions: 7th, D.C. Circuits Will Scrutinize Nationwide Cases

Reuters

04/24/2019

Joseph R. Palmore and James R. Sigel

Appellate + Supreme Court, Class Actions + Mass Torts, Litigation, and Patent Litigation

In The News

According to the Reuters article, “Latest battle in war on class actions: 7th, D.C. Circuits will scrutinize nationwide cases,” threats to curtail class actions sometimes come with little warning and warfare can be slow and deliberate. As was the case with the mass personal injury suit involving Bristol-Myers, where the Supreme Court ruled that plaintiffs who lived outside of California could not sue in state court because California does not have jurisdiction to hear claims by nonresidents.

In the two years since the Supreme Court’s ruling, there has been a division amongst trial courts in cases regarding jurisdiction and due process. Morrison & Foerster is representing healthcare technology company IQVIA in one such case, where a U.S. District Judge granted a motion to strike non-residents from a proposed nationwide class alleging violations of the Telephone Consumer Act. Lawyers for the firm argue that Judge Kendall’s decision was correct and is not reviewable. The Morrison & Foerster appellate team is led by Joe Palmore, Bryan Leitch, and James Sigel.

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