Problem
You work at a large law firm in Birmingham, Alabama as a paralegal assisting an associate assigned to the case. One of your clients is a large pharmaceutical company with its corporate office in Birmingham, Alabama. The company sells a medicine used to treat pain. In New York, an attorney filed a case action lawsuit on behalf of four hundred plaintiffs. The complaint alleges that the pharmaceutical company manufactured an addictive and dangerous drug that resulted in dozens of overdoses. Of the four hundred plaintiffs, three hundred and fifty are not citizens of New York. Your client wants to file a motion to dismiss the claims of those plaintiffs who are not citizens of New York, arguing that the New York courts lack personal jurisdiction over those plaintiffs. Specifically, the firm's client argues that the non-New York plaintiffs do not allege that the pharmaceutical company engaged in any tortious actions in New York. Instead, the non-New York plaintiffs allege that the pharmaceutical company engaged in a "nationwide scheme to distribute and sell an addictive and dangerous drug."
Based on your reading of the case, assess the merits of your client's motion to dismiss the claims brought by the non-New York plaintiffs. Based on your reading of Bristol-Myers Squibb Co. v. Superior Court of California, 582 U.S. ___ (2017), what additional facts do you need to know to assess the merits of your client's motion?