Diane Flannery and
Trent Taylor and associates
Cory Church and
Drew Gann co-authored an article in the Daily Journal on Aug. 26, 2021. The
piece covers the ruling in the U.S. Court of Appeals for the Ninth Circuit
that allows defendants to challenge personal jurisdiction over putative
class members at class certification.
After last year’s ruling in the Seventh and D.C. Circuit Courts of Appeals
addressed the contours of personal jurisdictions in federal class
actions, the Ninth Circuit chimed in with its ruling in Moser v. Benefytt, Inc. The authors look at how the Ninth Circuit
reversed the lower court’s ruling and found that the defendant “could not
have moved to dismiss on personal jurisdiction grounds the claims of
putative class members who were not then before the court.”
“Like the D.C. Circuit in Moser, the Ninth Circuit refrained from
explicitly deciding whether Bristol-Myers precludes the exercise
of personal jurisdiction over nonresident putative class members in a
federal court forum in which a defendant is not ‘at home,’ ” they said.
They said that Moser gives defendants in the Ninth Circuit
breathing room to challenge personal jurisdiction over putative class
members at class certification without fear of waiver.