In an 8-1 decision, the Supreme Court appeared to deal a blow to
forum shopping last week in Bristol-Myers Squibb Co. v.
Superior Court of California, San Francisco County
("BMS").
In BMS, a mixed group of California residents and
nonresidents sued Bristol-Myers Squibb in California, alleging
injury due to the pharmaceutical company's drug Plavix. The
Supreme Court held that California courts lacked specific
jurisdiction to entertain the claims brought by plaintiffs who are
not California residents, because there was an insufficient
connection between the forum and the specific claims at issue.
Justice Alito, writing for the majority, noted that the
nonresidents weren't prescribed the drug in the state,
didn't buy the drug in the state, didn't take the drug in
the state, and weren't injured by the drug in the state.
Further, Bristol-Myers Squibb is incorporated in Delaware and
headquartered in New York. The Court ruled that:
