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Jurisdiction in Product Liability Cases After 2014

By Larry Goldhirsch

Everything you learned in law school about jurisdiction (unless you just graduated) has been turned on its head. In 2014, two Supreme Court decisions radically changed jurisdictional rules, which were in place since the middle of the 20th century. One of the most important considerations for a firm retained in a product liability case is to determine where to file suit. These two recent cases will have immediate, far-reaching consequences for all product liability litigators, plaintiff or defense.

Daimler AG v. Bauman, 134 S.Ct. 746 (2014) and Walden v. Fiore, 134 S.Ct. 1115 (2014) severely restrict jurisdiction over out-of-state defendants, and will add to plaintiffs' already existing problems in product liability cases caused by Twombly-Iqbal (fact-specific pleading) and Daubert (expert evidence) requirements.

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