MINNEAPOLIS, Minnesota. When individuals suffer personal injury due to a defective product or due to the actions of a company with operations across the country, where should a lawsuit be filed? When dealing with a large company that operates across the country, the answer to this question may not always be clear. A recent Supreme Court ruling has offered some clarification. In Bristol-Myers Squibb Co. vs. the Supreme Court of California, the Supreme Court ruled that California courts do not have jurisdiction over claims where injuries arose in other states. According to JDSupra, this court ruling can have an immense impact on personal injury lawsuits across the United States, particularly with regards to class-action lawsuits. The case also offers some clarification about where lawsuits should be filed when a company operates in multiple states.
The case addresses a key question in personal injury law. What happens if you suffer an injury from a company that operates nationally? Can victims choose the state where they will file their lawsuit, or must their lawsuit originate in the state where they have been injured?
Why would a victim want to choose one state over another? Certain states have favorable protections for consumers, giving consumers more of an advantage in a personal injury lawsuit in these “forums.” However, the courts view the practice of seeking a more favorable jurisdiction as “forum shopping.”
The Supreme Court ruling can have implications for lawsuits in Minneapolis, Minnesota. For instance, truck accidents sometimes involve companies with operations and main offices in other states. The recent Supreme Court ruling offers guidance about where victims will be able to pursue their lawsuits. According to JDSupra, individuals can pursue a claim either in the state where the company has its headquarters or the state where the accident occurred. However, there are certain exceptions to the ruling or areas of the law that the Supreme Court ruling does not address, for instance, “service of process provisions” or RICO. So, the ruling won’t necessarily protect an organization involved in criminal activity.
According to the Charlotte Observer, the Supreme Court case will especially impact individuals seeking compensation in talcum powder claims and those seeking compensation for dangerous medications. Critics of the ruling claim that it also will make it more difficult to file larger class action claims and will require individuals to pursue claims either in their own jurisdiction or require them to travel to the company’s headquarter state. This could make it harder for victims to file a lawsuit.
The Law Office of Martin T. Montilino is a personal injury lawyer in Minneapolis, Minnesota who works with families and victims who have been injured in accidents. If you have been in a crash out of state, or if you have been hurt by a company that operates in multiple states, we may be able to assist you. You may be entitled to receive money to cover your medical costs, lost wages, and pain and suffering damages. Visit https://www.martinmontilino.com/ to learn more about your rights and options.
If you’re new to the process and are still unsure what happens when you file a lawsuit, you may want to check out Allen & Allen’s website for more information.