Article March 31, 2020
Personal jurisdiction in ANDA cases after Daimler — Has the analysis changed?
- Person title
In the wake of the Supreme Court's decision in Daimler AG v. Bauman, 134 S. Ct. 746 (2014), generic pharmaceutical defendants may argue that they are only subject to personal jurisdiction in their own backyards— i.e., where they are incorporated or have their principal places of business. But, Daimler is not so broad, and does not change the decade of cases that have found generic defendants subject to general personal jurisdiction in various forums around the country based on sales in those places. Indeed, Daimler itself explained that it was not enacting a sweeping change in the law, instead explaining that "the canonical opinion in this area remains International Shoe Co. v. Washington, 326 U.S. 310." Daimler 134 S. Ct. at 754. — Read more on the Fish Litigation Blog —
The opinions expressed are those of the authors on the date noted above and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes only and is not intended to be and should not be taken as legal advice. No attorney-client relationship is formed.
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