We've
already
discussed
many
of
the
implications
of Bristol-Myers Squibb Co. v. Superior Court,
137 S. Ct. 1773 (2017) ("BMS"), for
personal jurisdiction in mass tort cases. We're not going to
repeat any of that here. What we are proposing today is a
relatively simple test that cuts the Gordian Knot surrounding the
prospective application of the BMS "arising
from"/"related to" test for minimum contacts.
Briefly, the specific ("case-linked") jurisdiction
requirement that "the suit must arise out of or relate to the
defendant's contacts with the forum" has been around for a
long time. Id. at 1780. BMS cited
cases from the mid-1980s, but its antecedents go back to
International Shoe itself. While some courts (and
some defense amici in BMS) interpret that
requirement as requiring "causation," the Supreme Court
did not address that question.
