Toxic Tort Monitor

February 20, 2019 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Missouri’s Game-Changing Opinion on Venue in Multi-Plaintiff Tort Litigation
By Dominique Savinelli and Tim Larkin

On February 13, 2019, the Supreme Court of Missouri dealt a significant blow against improper forum shopping by plaintiffs in mass tort litigation. The Johnson &

courtThis week, the Federal Circuit resolved three issues left in TC Heartland’s wake. TC Heartland held that 28 U.S.C. § 1400(b) uniquely governs venue in patent cases and is not coterminous with the scope of § 1391. The first prong of § 1400(b) creates venue in the judicial district where the defendant resides, which the Supreme Court held to be the state of incorporation for a domestic corporation. But, this begs the question: what about when the state has multiple judicial districts? Also, whose law governs burden under § 1400(b), and where does that burden lie? In the year after TC Heartland, district courts across the country split on these issues.
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Toxic Tort Monitor

April 16, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Cook County Circuit Court Denies Personal Jurisdiction Motion in Asbestos Case
By Anne McLeod

The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections

Toxic Tort Monitor

January 17, 2018
New Developments
A Review of 2017 Personal Jurisdiction Decisions
By Taylor Concannon

In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in Goodyear and Daimler and reaffirmed its limits on personal jurisdiction

PatentThe doctrine of patent venue continues its rapid evolution after the Supreme Court’s recent decision TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017).  In TC Heartland, the Supreme Court upended decades of established precedent that allowed for broad assertions of venue in patent cases and found that for purposes of the specific patent infringement venue statute, 28 U.S.C. § 1400(b), a domestic corporation resided only in the state under whose laws it was incorporated. TC Heartland is expected to greatly reduce the volume of patent litigation brought in the Eastern District of Texas, a fast-track venue that has found great favor amongst patent assertion entities.

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A  previous blog post discussed the uncertainty that surrounded whether and when federal courts will enforce forum section clauses which are routinely included in technology, manufacturing and transportation commercial agreements.  On December 3, 2013, the Supreme Court issued its opinion in Atlantic Marine Construction Company, Inc. v. U.S. District Court for the Western District of Texas, 571 U.S. __, 2013 WL 6231157 (U.S. Dec. 3, 2013) which substantially clarifies both the procedure and standards for the enforcement of such clauses in federal court. 
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Contractual forum selection clauses—i.e., provisions selecting specific courts for subsequent related litigation—abound in technology, manufacturing, and transportation commercial agreements. Oftentimes, manufacturers, suppliers, vendors, service-providers, and the like designate particular courts to lessen the costs of future litigation, as well as the likelihood of judicial error. 
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