Nationwide class actions are safe, thanks to the D.C. and 7th Circuits [Reuters]
Bristol-Myers Squibb Company (BMY)
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Source: Reuters
Nationwide class actions are safe, thanks to the D.C. and 7th Circuits (Reuters) - In the space of two days, two federal circuits have assured the future of nationwide class actions, rejecting defendants’ arguments that under the U.S. Supreme Court’s 2017 ruling in Bristol-Myers Squibb v. Superior Court of California, federal courts cannot assert jurisdiction over absent class members who have no connection to the forum in which the case was filed. On Tuesday, the District of Columbia U.S. Circuit Court of Appeals ruled (2020 WL 1146733) that Whole Foods, the defendant in a employment class action, could not challenge the personal jurisdiction of absent class members because they are not parties to the case until the class is certified. To be sure, the D.C. Circuit majority – Judges David Tatel and Merrick Garland – did not completely rule out the prospect that courts may not turn out to have personal jurisdiction over class members. But under the D.C. Circuit’s ruling, as Judge Laure
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