Bayer, Essure Plaintiffs Argue Jurisdiction at Mo. Top Court

Non-Missouri residents’ contention that they can sue Essure maker Bayer Corp. in Missouri based on the drugmaker’s in-state clinical studies and other activities met some skepticism at a Nov. 7 oral argument before the Missouri Supreme Court.

Plaintiffs’ attorney G. Sean Jez faced a barrage of questions asking him to explain how the out-of-state plaintiffs’ claims connect with Bayer’s activities in Missouri, a requirement under the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court.

Since the BMS ruling, Bayer and other companies have challenged state courts’ jurisdiction to hear non-residents’ suits, and have focused particular attention ...