Welcome to the July 2017 edition of the Commercial Litigation Update, an e-publication that features articles authored by the attorneys in Barnes & Thornburg LLP's Commercial Litigation Practice Group. To read an article from this month's edition of the Commercial Litigation Update e-newsletter, click on the hyperlinks in the article below.
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U.S. Supreme Court Limits Plaintiffs’ Ability to Bring National Actions in Far-Flung States
The Supreme Court's recent ruling in Bristol-Myers Squibb Co. v. Superior Court held that states do not have personal jurisdiction over a defendant simply because another plaintiff in the same case can establish jurisdiction. Read more about how this result creates a barrier for plaintiffs who wish to group together scores of claims in a state perceived as favorable for plaintiffs and could limit the scope of mass litigation in plaintiff-friendly states.
Smart Tailgating: Truck Platooning May Be Coming Soon
Truck platooning and other assisted driving technologies present great challenges and great opportunities for the heavy vehicle industry and drivers on the road. This article explores newfound litigation risks that companies are bound to see with the passing of legislation to test or allow for new truck platooning electronic systems; regulatory issues; and potential safety benefits.
Opposing Counsel’s Conflicts: The Cost Could Be in a Class of Its Own
A case involving long-running antitrust litigation over credit card swipe fees presents far-reaching implications for class action counsel, as the court took issue with the same lawyers representing both sides of negotiations. Learn more about how commercial litigants need to be mindful of potential conflicts of interest on all sides of a lawsuit.
Sometimes When You Gamble, You Lose: Risks of Ignoring Forum Selection Clauses
Exclusive forum selection clauses are a staple of commercial contracts and come with many benefits. Among them are avoiding races to the courthouse, mitigating the risk of litigating in multiple venues, and reducing the time and expense of litigating forum non conveniens motions. But what happens when a party attempts to avoid the negotiated forum? Read more about the oftentimes high-stakes bet when it comes to the risks of ignoring forum selection clauses.
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