Defense Counsel Journal

Amicus Briefs - Volume 84, Number 2

Volume 84, No. 2

February 07, 2020

Amicus Curiae

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The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product liability, arbitration, class actions, attorney client privilege, punitive damages, civil discovery, standing, jurisdiction, and tort reform. This section of the Defense Counsel Journal is dedicated to highlighting recent amicus briefs so that the Journal's readers can benefit from the insights presented therein.

In Bristol-Myers Squibb Company v. Superior Court of California for the County of San Francisco, et. al., No. 16-466 (filed 3/9/2017), the International Association of Defense Counsel and the Atlantic Legal Foundation jointly filed a brief in support of petitioner Bristol-Myers Squibb Company (BMS) to the United States Supreme Court. The IADC’s brief argues that the decision of the California Supreme Court in in re Bristol-Myers Squibb, S. 221038 (Cal. Aug. 29, 2016) that subjected BMS to specific jurisdiction in the State of California failed to meet the standard previously set forth by the Supreme Court that such behavior “arise out of or relate to” conduct in the forum state. The brief was co-authored by IADC member and Amicus Committee Chair M.C. Sungaila and Martin S. Kaufman of the Atlantic Legal Foundation.

For information on the IADC's amicus brief program and to view past briefs, please visit the Amicus Briefs page on the IADC website.