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April 26, 2019

Seventh Circuit May Decide If BMS Ruling Applies To Class Actions

A case before the Seventh Circuit Court of Appeals may decide whether the U.S. Supreme Court’s Bristol-Myers Squibb decision on mass tort litigation also applies to class actions, Corporate Counsel reports.

The question at the heart of Mussat v. IQVIA, is whether the Pennsylvania-based health care company IQVIA should have to defend a class action lawsuit in Illinois against plaintiffs who have no relationship to the state. In an earlier ruling, a U.S. District Judge sided with the company and cited the Supreme Court’s 2017 Bristol-Myers Squibb decision, which tightened jurisdictional standards in mass tort litigation. A circuit split has emerged since the Supreme Court’s ruling over whether that decision should also apply to class actions.

In an amicus brief, the U.S. Chamber Litigation Center said “permitting a court to exercise specific personal jurisdiction over class members/claims with no connection to the forum would harm businesses and the judicial system.”

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