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Civil Procedure Keyed to Mueller
Bristol-Myers Squibb Co. v. Superior Court of California
Citation:
582 U.S. 255, 137 S. Ct. 1773 (2017)Facts
Bristol-Myers Squibb Company is a major pharmaceutical corporation incorporated in Delaware with headquarters in New York and substantial operations in New York and New Jersey, employing over fifty percent of its United States workforce in those states. BMS manufactures and sells Plavix, a blood-thinning prescription drug. While BMS maintains some California presence including research facilities with approximately 160 employees, 250 sales representatives, and a government advocacy office in Sacramento, it did not develop, create marketing strategy for, manufacture, label, package, or work on regulatory approval for Plavix in California. Between 2006 and 2012, BMS sold nearly 187 million Plavix pills in California, generating over $900 million in revenue, representing slightly over one percent of nationwide sales. A group of 678 plaintiffs filed eight complaints in California Superior Court alleging Plavix damaged their health, including 86 California residents and 592 residents from 33 other states. The nonresident plaintiffs did not allege they obtained Plavix from California sources, were injured by Plavix in California, or received treatment for their injuries in California.
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