In 2017, the U.S. Supreme Court decided Bristol Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) (BMS). This decision could potentially eliminate a large swath of nationwide product liability class actions. Alternatively, BMS might not apply to class actions at all. This article examines the state of the law one year in. It remains unsettled.

‘BMS’ in California State Court

The plaintiffs in BMS alleged they were harmed by the blood-thinner Plavix. The plaintiffs asserted product liability and other claims in what is known as a “mass action.” In a mass action, each plaintiff sues on behalf of himself or herself. A mass action is different from a class action. In a class action, one or several named plaintiffs bring suit on behalf of themselves and “absent” class members.