06/19/2017 | News release | Distributed by Public on 06/19/2017 17:40
Plaintiffs' counsel had joined 86 California residents and 592 non-residents from 33 other states to sue Bristol-Myers in California state court asserting product liability claims arising from use of the anti-platelet drug Plavix. The California Supreme Court had held that California could exercise 'specific' jurisdiction over the resident and non-residents alike because Bristol-Myers did a substantial amount of business in California and marketed the drug nationwide using the same marketing materials. But in an 8-1 opinion by Justice Alito, the U.S. Supreme Court reversed, holding that the company's unrelated business dealings in California were irrelevant to specific jurisdiction and that the out-of-state plaintiffs had insufficient connection to California.This decision was the culmination of hard-fought litigation before the trial and California appellate courts. The Arnold & Porter Kaye Scholer team was led by Anand Agneshwar and included Daniel Pariser, Jerry Falk and Sean SeLegue. APKS is national counsel for Bristol-Myers and its joint venture partner, Sanofi U.S., in the Plavix litigation and teamed with Hogan Lovells for the Supreme Court proceedings.