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Conflict of Laws Keyed to Twerski
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County
Citation:
137 S. Ct. 1773 (2017)Facts
Bristol-Myers Squibb (BMS) is a pharmaceutical company incorporated in Delaware with headquarters in New York. It manufactures Plavix, a blood-thinning drug prescribed to prevent heart attacks and strokes. BMS marketed and sold Plavix in California and maintained research and laboratory facilities there, but did not develop, create a marketing strategy, manufacture, label, package, or work on regulatory approval for Plavix in California. A group of plaintiffs, including 86 California residents and 592 residents from 33 other states, filed eight separate complaints in California Superior Court, alleging that Plavix had damaged their health. The non-resident plaintiffs did not allege that they obtained Plavix through California physicians or from any other California source, nor did they claim they were injured or treated in California.
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