IL Supreme Court Follows BMS To Hold Courts May Not Exercise Personal Jurisdiction Over Claims of Out-of-State Plaintiffs for Out-Of-State Injuries From A Device Made Out-Of-State

Share

In an important decision in accord with the U.S. Supreme Court’s 2017 landmark ruling on personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of Calif., 137 S. Ct. 1773 (2017) (BMS), the Illinois Supreme Court held that Illinois courts may not exercise personal jurisdiction over claims of out-of-state plaintiffs for personal injuries suffered outside of Illinois from a device manufactured outside of Illinois. Rios v. Bayer, 2020 IL 125020 (June 4, 2020).

Reversing both the trial court in Madison County and the Fifth District Appellate Court, the Court rejected arguments that alleged in-state clinical trials and marketing activities support the exercise of specific personal jurisdiction. Justice Theis delivered the opinion of the Court, joined by Chief Justice Anne Burke and Justices Michael Burke, Garman and Karmeier. Justice Kilbride wrote a special concurrence, joined by Justice Neville.

Read the full article on the Faegre Drinker website.

About the Author: William Essig

William V. Essig is a trial lawyer residing in our Chicago, Illinois office. Bill has experience defending pharmaceutical and medical device companies in mass tort and products liability litigations in federal and state courts across the country.