Contemporary Challenges and Continuing Relevance
Edited by Franco Ferrari and Diego P. Fernández Arroyo
Chapter 12: Judicial jurisdiction and forum access: the search for predictable rules
This chapter surveys recent developments in judicial jurisdiction in the United States. Its overall thesis is that the Supreme Court is striving to develop predictable rules on judicial jurisdiction. To that end, it highlights the dramatic change in U.S. general jurisdiction resulting from the Supreme Court’s 2014 decision in Daimler AG v. Bauman. The chapter also discusses the Court’s later 2017 decision in Bristol-Myers Squibb v. Superior Court, which imposes limitations on assertions of specific jurisdiction in multi-party cases; and draws attention to the potential impact of Bristol-Myers on nationwide class action litigation as that issue continues to develop in the lower courts. The chapter also considers how the 2014 Supreme Court decision in Walden v. Fiore may affect jurisdiction in internet-defamation cases, and adds a comparative perspective with discussions of the recent European Court of Justice decision in Bolagsupplysningen OU v. Svensk Handel AB and the recent Canadian Supreme Court decision in Haaretz.com v. Goldhar.
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