Trial Magazine

On July 22, the Pound Civil Justice Institute held its 25th annual forum for state appellate court judges during AAJ’s 2017 Annual Convention in Boston. The one-day program on “Jurisdiction: Defining State Courts’ Authority” was the second-largest Pound forum ever, attended by 164 judges from 35 states.

In recent years, citizens bringing civil lawsuits have faced jurisdictional challenges in cases that state courts would have routinely retained a decade ago. These challenges pose immediate and potentially dispositive problems for citizens who seek redress, preventing them from even stating—much less proving—their claims and limiting access to civil justice. And two U.S. Supreme Court decisions earlier this year—Bristol-Myers Squibb Co. v. Superior Court of California and BNSF Railway Co. v. Tyrell—have raised questions about how courts will interpret personal jurisdiction going forward.

The forum included papers from nationally recognized legal scholars; commentary from panels of academics, judges, and practitioners; and small-group discussions. Hon. Ralph Gants, chief justice of the Massachusetts Supreme Judicial Court, opened the program, and Hon. William Young of the District of Massachusetts spoke during the luncheon. Judge Young said, “The most robust expression of direct democracy in the history of the world is the American jury. Ninety percent of the jury trials on the planet take place in the United States. . . . Every single jury trial is both a test and a celebration of a free people governing themselves.”

The morning session featured Prof. Simona Grossi’s (Loyola Law School) paper on “Personal Jurisdiction: Origins, Principles, and Practices,” which delved into the fundamental concept behind personal jurisdiction—“fairness and efficiency tempered by reason”—and the essential role of state courts in maintaining that core principle. Panelists included Prof. Margaret Woo (Northeastern University School of Law); Hon. Geraldine Hines (Massachusetts Supreme Judicial Court); Linda Morkan (Robinson Cole, Hartford, Conn.); and Alani Golanski (Weitz & Luxenberg, New York City).

The afternoon session featured Prof. Adam Steinman’s (University of Alabama School of Law) paper on “State Court Jurisdiction in the 21st Century,” which examined Supreme Court jurisprudence on general and specific jurisdiction and explored how plaintiffs can navigate the uncertain terrain created by Bristol-Myers. During the session, Steinman said, “The notion that we treat corporate defendants like natural individuals is an interesting and controversial point. One aspect of the current doctrine that is fascinating is that, in many ways, corporations are treated more favorably than natural persons.” He also noted that “there is enough play in the joints to justify jurisdiction in many of the cases where it would make sense and where it would be fair for the forum state to adjudicate those claims.” Panelists included Prof. Lonny Hoffman (University of Houston Law Center); Hon. Jenny Rivera (New York State Court of Appeals); Toyja Kelley (DRI); and Matt Wessler (Gupta Wessler, Washington, D.C.).

The 2017 forum’s papers, as well as papers and reports from previous forums, are available for free at www.poundinstitute.org/content/judges-forum. The report on the 2017 forum will be available in early 2018.

About the Pound Institute

The Pound Civil Justice Institute is a national legal think tank that works to give lawyers, judges, legal educators, policymakers, and the public a balanced view of issues affecting the civil justice system. The institute has a membership of attorney Fellows. Every member of the bar in good standing who supports a strong civil justice system is invited to become a Pound Fellow. For more information, call (202) 944-2841 or email info@poundinstitute.org.