Jurisdiction -- 2017



Abbott Labs., Inc. v. Schmidt   (Missouri Supreme Court)

Venue for multiple out-of-state plaintiffs joined in one suit

The NAM filed an amicus brief urging the Missouri Supreme Court to overturn a ruling that allows out-of-state plaintiffs access to St. Louis trial courts. The plaintiffs brought suit against Abbott Labs, in a Missouri trial court, alleging that there were inadequate warnings on an FDA-approved prescription drug; however, the plaintiffs’ injuries did not occur within Missouri. This case brings uncertainty to manufacturers that conduct business in Missouri and encourages forum shopping among plaintiffs. The NAM’s brief argued that the plaintiffs were not injured in Missouri, therefore, venue was improper and the plaintiffs could not use joinder to circumvent venue rules. The court did not address whether venue was proper and affirmed the trial court’s judgment.


Related Documents:
NAM Amicus Brief  (February 28, 2017)