The US Supreme Court’s decision last this year in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S.Ct. 1773 (2017), has already garnered much attention as courts and litigants explore and question its meaning.
Perhaps one of the most significant questions raised by BMS is whether and how it applies to the claims of absent class members in the context of federal class action litigation, particularly with respect to claims that do not arise under a statute authorizing nationwide service of process.