Insights: Publications Fifth Circuit rules that defendant did not waive Bristol Myers personal jurisdiction defense

JD Supra

Written by Stephanie N. Bedard
We previously wrote that the Seventh Circuit had become one of the first circuits to address the application of the Supreme Court’s personal jurisdictional holding in Bristol-Myers to class actions, holding that Bristol-Myers does not apply to a nationwide class action filed in federal court under a federal statute. In Cruson v. Jackson National Life Insurance Company, -- F.3d --, No. 18-40605, 2020 WL 1443531 (5th Cir. Mar. 25, 2020), the Fifth Circuit viewed Bristol-Myers from a different perspective, ruling a non-resident defendant did not waive its objection to personal jurisdiction over the defendant with respect to the claims of non-resident class members by not raising the issue in motions to dismiss the named plaintiffs’ individual claims.

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