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U.S. Supreme Court Rejects California’s Assertion Of Personal Jurisdiction Over Drugmaker
In Bristol-Myers Squibb Co. v. Superior Court (June 19, 2017, Case No. 16-466), the United States Supreme Court has ruled 8-1 that California lacks “specific” personal jurisdiction over a pharmaceutical company, reversing a 4-3 decision last year by the California Supreme Court. The case arises
Is This Appealable?
It’s April, and time for ASIC’s semi-annual installment of “Is This Appealable?” — a selection of adverse orders that arise frequently for trial counsel and litigants. As usual, these answers apply 95% of the time in California state courts; there are sometimes exceptions. 5. Is
SCOTUS Hears Specific-Jurisdiction Case From California
No clear leaning emerges from a review of the April 25 U.S. Supreme Court argument in Bristol-Myers Squibb v. Superior Court of California. The “specific” personal jurisdiction issue presented: whether a defendant can be sued in a state court for injury claims that would be
Nat’l Fire Ins. Co. of Hartford v. Great American Ins. Company (March 1, 2017, B264238) 2017 WL 784661 [nonpublished opinion]
Hundreds of diners developed hepatitis, and several died, after consuming tainted green onions. Two insurers of a company in the distribution chain agreed to transfer control of (at least) that company’s defense to the insurer with greater policy limits. Years later, a jury found that
A Holiday Poem
Hone your prose and keep it short As you approach appellate court Prune the verbiage, Pitch your story! Yacking earns you zero glory Hook ’em soon with why you win Own the high road, limit spin Lead with strength and deal with snags Inspire
Is This Appealable?
It’s time again for that high-stakes question: is this appealable? As longtime readers know, failure to timely notice an appeal means permanent and usually irreparable loss of the appeal right. So twice a year, I run through some examples to illustrate the many ways this
Two Cliffs
Very few deadlines in civil practice are “jurisdictional,” i.e. if you miss it, the right is irretrievably lost. Many California lawyers know that the deadline to notice an appeal is one of them. It comes 60 days after service of a notice of entry of
An End to Automatic Depublication
Under current rules, the California Supreme Court’s decision to review a published appellate opinion automatically “depublishes” that opinion while review is pending — making it non-citable. This approach causes problems. It eliminates useful discussions of un-reviewed issues. And when the reviewable conflict among districts arises
Grant v. Foster Wheeler, LLC (Me. 2016) 140 A.3d 1242
Announcing new law in Maine, the court affirmed summary judgment for GMSR’s client Warren Pumps, LLC, and other manufacturers on whose behalf we briefed the key issues. Maine’s highest court set three proof standards, rejecting attempts to evade summary judgment with less precise evidence. First,
Appellate Success in California: Is This Appealable?
Each April and October, ASIC brings you a selection of the orders that litigants may win or lose – requiring both sides to know each other’s options for review. These answers apply 95% of the time in California state courts, but every major interlocutory order
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Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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