Category Archives: Personal Jurisdiction

Action Dismissed Against Canadian Automotive Defendant Based on Lack of Specific Jurisdiction U.S. District Court for the Western District of Washington, May 17, 2017

The plaintiffs filed suit against multiple defendants alleging Mr. Hodjera’s mesothelioma was caused by exposure to the defendants’ products from 1986-94. Volkswagen of Canada (VWGC) moved to dismiss the complaint, arguing that the court lacked personal jurisdiction. The court started its analysis by stating that due process requires the court to have personal jurisdiction over the defendant before it can adjudicate a claim. General jurisdiction is available when the defendant’s “contacts are so constant and pervasive as to render it essentially at home.” The court…

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No Jurisdiction over Foreign Auto Manufacturer, But Case Remanded for Consideration of Jurisdictional Discovery Florida District Court of Appeal, Second District May 17, 2017

Plaintiffs Kenneth and Carol Jones filed suit against various defendants after Kenneth Jones developed mesothelioma. Defendant Volkswagen Aktiengesellschaft (VWAG) sought review of an interlocutory order denying its motion to dismiss for lack of personal jurisdiction. The court reversed the trial court’s order and remanded. In its motion to dismiss for lack of personal jurisdiction, VWAG submitted a supporting affidavit and the court held an evidentiary hearing to determine this issue. The hearing had no testimony and the trial court received nothing into evidence. The trial…

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Federal Court Denies Defendants’ Motion to Dismiss on Jurisdiction Without Prejudice U.S. District Court for the Middle District of Florida, Tampa Division. January 12, 2017

On September 26, 2016, Plaintiff Marc Killam filed suit in the Thirteenth Judicial Circuit in and for Hilsborough County, Florida against various defendants after learning of his asbestosis diagnosis. Killam alleged he was exposed to asbestos through his Naval Service, from 1973-77 aboard the USS McCandless while at sea and in the Philadelphia Navy Yard. Here, Killam claims a number of defendants manufactured, sold, distributed, installed, or promoted the asbestos products with which he came into contact. He also alleged, that from 1978-80, as an…

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Motion to Dismiss on Lack of Jurisdiction Denied as Limited Discovery is Required U.S. District Court for the District of New Jersey, January 9, 2016

On October 28, 2015, the plaintiff, Estelle Grimes, widow of plaintiff-decedent Thomas Grimes, brought suit against the defendants and numerous other corporations who also allegedly mined, sold, or distributed asbestos in New Jersey state court. On December 1, 2015, the case was removed from state to federal court. The plaintiff amended the complaint on August 1, 2016. The defendants ACL and Bell filed mirror-image motions to dismiss for lack of personal jurisdiction on August 4, 2016 before the U.S. District Court for the District of…

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