At The Lectern by Horvitz & Levy

Jurisdiction, reimbursable mandate opinions filing Monday

On Monday morning, the Supreme Court will file its opinions in Bristol-Myers Squibb Company v. Superior Court and Department of Finance v. Commission on State Mandates, which were both argued on the June calendar.

Bristol-Myers is expected to address these questions:  (1) Did the plaintiffs in this action who are not residents of California establish specific jurisdiction over their claims against the nonresident pharmaceutical drug manufacturer?  (2) Does general jurisdiction exist in light of Daimler AG v. Bauman (2014) 571 U.S. __ [134 S.Ct. 746, 187 L.Ed.2d 624]?  [Disclosure:  Horvitz & Levy is co-counsel for Bristol-Myers.]

The Department of Finance case raises the issue whether the requirements in the National Pollutant Discharge Elimination System (NPDES) permits issued to real parties in interest by the regional water quality control board state are mandates subject to reimbursement under article XIII B, section 6, subdivision (b), of the state Constitution.

The opinions can be viewed Monday starting at 10:00 a.m.