The Continuing Relevance of Private International Law and Its Challenges: Judicial Jurisdiction and Forum Access—The Search for Predictable Rules

Abstract

In this paper for a 2018 NYU Conference on “The Continuing Relevance of Private International Law and Its Challenges”, Professor Silberman surveys recent developments in judicial jurisdiction in the United States. Her overall thesis is that the Supreme Court is striving to develop predictable rules on judicial jurisdiction. To that end, she highlights the dramatic change in U.S. general jurisdiction resulting from the Supreme Court’s 2014 decision in Daimler AG v. Bauman. Professor Silberman also discusses the Court’s later 2017 decision in Bristol-Myers Squibb v. Superior Court, which put certain limitations on assertions of specific jurisdiction, and draws attention to the potential impact of Bristol-Myers on nationwide class action litigation as that issue continues to develop in the lower courts. Professor Silberman also offers her views as to how the 2014 Supreme Court decision in Walden v. Fiore may affect jurisdiction in internet-defamation cases, and adds a comparative perspective with discussions of the recent ECJ decision in Bolagsupplysningen OU v. Svensk Handel AB and the recent Canadian Supreme Court decision in Haaretz.com v. Goldhar.