Bristol Myers Squibb

 

 

 

Remember, a court has personal jurisdiction over a defendant when there is a statutory basis for the court’s power/authority. The exercise of the court’s power must comply with due process under either the Fifth Amendment when the federal government is a party, or the Fourteenth Amendment for a state case.

Discussion topic/Questions:

1. Do you agree with the outcome of Bristol Myers Squibb? Explain why or why not? (Provide sound legal reasoning and analysis for your conclusions).

If you represent a nationwide company that is being sued in a state where it was NOT incorporated or headquartered, what questions would you ask the company to determine if the state had personal jurisdiction (which would permit the case to proceed)? Why is knowing where it can be sued so important?

2. Explain in your own words: what part(s) of the U.S. Code and the Rules of Federal Civil Procedure govern jurisdiction and venue at the federal level?

Part II: Personal Jurisdiction Case Scenarios

As technology and business practices change, the issue of how courts get personal jurisdiction over parties becomes increasingly complex.

Remember, a court would have the Constitutional grounds for personal jurisdiction over a defendant if the defendant owned property in the state, or was found and served (with process) within the boundaries of the state. A defendant could also consent to jurisdiction. If the defendant did not own property in the state, or if any of the other ways noted are not present, then the court must determine if the defendant meets the Minimum Contacts test provided in International Shoe.

1. Read the foundational case on personal jurisdiction: International Shoe v. Washington, 326 U.S. 310 (1945).

2. Discuss: What is your understanding of that case’s issue and holding? If you represented a company that had sold products in several states, what advice would you give the company so that it could avoid being sued in multiple states.

3. Read this article and share your thoughts with the class.
https://verdict.justia.com/2013/12/09/walden-v-fiore-supreme-court-turns-personal-jurisdiction-issues

Sample Solution

owns the device, many insurance companies have provided coverage of the therapy by using a case-by-case system, determined by the medical necessity of treatment. The Musella Foundation for Brain Tumor Research and Information created an assistance program from patients needing TTF therapy for recurrent GBM. Also, certain patients who live in the United States and meet specific income conditions can receive up to $5,000 per year for the treatment (ECRI Institute 2016). According to the New York Times, Novocure offers the treatment for free for patients without health coverage (Grady 2014). Prognosis When patients used Optune (TTF therapy) for 12 hours or more a day and also took TMZ during the same period, 86% of patients increased their survival rate compared to just taking TMZ alone. The more compliant patients were with using the device, the better their outcome was. In order to get the best results and maximal survival benefit, patients should aim to use the device for at least 18 hours a day. For patients who had compliance over 90%, their median survival was 24.9 months and their 5-year survival rate was 29.3% (Ram 2017). When dealing with glioblastoma (GBM), the median overall survival rate is around 15 months and the rate of 5-year survival is estimated to be 5% (Tykocki 2018). Conclusion In conclusion, hyperthermia therapy and tumor treating field therapy come from very different scientific concepts, but both aim to kill cancer cells and save cancer patient’s lives. Hyperthermia treatment was created after witnessing patients with high fevers achieve remission and tumor treating field therapy was created after someone thought of the idea. Although hyperthermia therapy has been since the ancient times, not much has changed with the process since the early 1900’s and it is still used in the same fashion today, if used at all. Even though in addition with radiation, hyperthermia therapy shows therapeutic results, very few cancer treatment centers boast about their use of this specific therapy. It is covered by Medicare and some insurance companies though, so we can assume it is still used today. On the other hand, Tumor Treating Fields have only recently been discovered and on the market for doctors to prescribe and for patients to use. Since discovering the success of the treatment, many clinical and preclinical trials are in the works and they will hopefully achieve promising results. Already, the amount of time it has added for patients with GBM is lifechanging. This technology is one of the first to change the life expectancy for GBM in a very long time. Also, it has very little reported side effects for everything that it can do. There are many benefits to this treatment and very few, if any drawbacks, exce

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