Category: Personal Jurisdiction

Connecticut / Personal Jurisdiction
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Product Manufacturer and Supplier’s Motion to Dismiss Granted for Lack of Personal Jurisdiction

Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport, February 18, 2022

In this asbestos action, defendant Ametek, Inc. moved to dismiss the complaint by plaintiffs Maria and Carmelo Patti. The plaintiffs alleged that Mrs. Patti was exposed to asbestos from products manufactured and supplied by Ametek to her employer, Grieco Brothers, which caused her to develop mesothelioma.

The court undertook a two-part inquiry as is required under Connecticut law when a defendant moves to dismiss a complaint for lack of personal jurisdiction. Specifically, …

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Illinois / Personal Jurisdiction
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Lube Oil Purifier Manufacturer Successful on Motion to Dismiss Based on Lack of Personal Jurisdiction

United States District Court for the Northern District of Illinois, Eastern Division; April 11, 2022

The plaintiffs, George Lishman and Vicki Lishman filed a complaint on January 26, 2021 against Alfa Laval Inc., (“defendant” or “Alfa Laval”) in addition to other defendants, alleging that Mr. Lishman developed mesothelioma resulting from exposure to the defendants’ asbestos-containing products. Mr. Lishman was a life-long Illinois resident. Alfa Laval is a New Jersey corporation with its principal place of business in Virginia, and serves as successor-in-interest to the Sharples …

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New York / Personal Jurisdiction
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Court Grants Jurisdictional Discovery from Foreign Defendant Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 27, 2022

In the matter of Pira v. Air & Liquid Sys. Corp., defendant Steel Grip, Inc., filed a motion to dismiss the plaintiff’s case for lack of personal jurisdiction. With regard to specific jurisdiction, the defendant argued that it did not sell, distribute, or manufacture any products in the state of New York, and that all of the plaintiff’s alleged exposure to asbestos occurred on Italian cruise ships. With regard to general jurisdiction, the …

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Pennsylvania / Personal Jurisdiction
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Default Judgment Vacated by Plaintiff’s Failure to Serve Amended Complaint

U.S. District Court for the Middle District of Pennsylvania, January 7, 2022

The plaintiff Rhonda J. Gorton filed this asbestos-related lawsuit on behalf of her husband, the decedent Thomas Gorton, alleging the decedent contracted mesothelioma as a result of his exposure to asbestos-containing products. The defendant Warren Pumps did not respond to the complaint or otherwise have counsel enter an appearance on its behalf. On or about March 6, 2018, the decedent passed away. On July 9, 2018, the plaintiff filed an amended complaint alleging …

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New York / Personal Jurisdiction
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Plaintiffs Granted Jurisdictional Discovery from Valve Manufacturer Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 2, 2021

The defendant, Jenkins Bros, moved to dismiss the plaintiffs’ complaint for lack of personal jurisdiction. Specifically, Jenkins argued that it is not incorporated in New York, does not have its headquarters in New York, and does not maintain its principal place of business in New York. The plaintiff opposed the motion, and filed a cross-motion seeking jurisdictional discovery.

The plaintiff argued that the deposition transcript of Jenkins’ corporate representative, David Boisvert, demonstrated that Jenkins …

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New York / Personal Jurisdiction
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Court Grants Tile Maker’s Motion to Dismiss Finding No Basis for Specific Jurisdiction

Supreme Court of New York, Suffolk County, October 28, 2021

In this matter, the plaintiff, Kathleen DiFranco, sued to recover damages for personal injuries allegedly incurred by the decedent as a result of exposure to products containing asbestos through his work as a carpenter. The plaintiff alleged the decedent was exposed to asbestos while working with floor tiles containing asbestos made by the defendant, American Biltrite, Inc.

The defendant filed motions to dismiss the plaintiff’s claims against it based on lack of personal jurisdiction. The …

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California / Personal Jurisdiction
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Court Finds Plaintiff’s Affidavit Establishes Specific Jurisdiction

U.S. District Court for the Central District of California, September 9, 2021

Plaintiff Dennis A. Rockwell filed an asbestos action alleging he was exposed to asbestos from his work on two U.S. Navy ships and during his employment at Camp Pendleton, located in California.He alleged that such asbestos exposure ultimately resulted in his February 2021 diagnosis of mesothelioma.

Defendant Akron Brass Company moved to dismiss the case for lack of personal jurisdiction citing the plaintiff’s failure to provide facts connecting Akron Bass to California. …

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New York / Personal Jurisdiction
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Floor Tile Manufacturer Dismissed for Lack of Personal Jurisdiction

Supreme Court of New York, Suffolk County, October 28, 2021

Plaintiff Kathleen DiFranco brought this matter as a result of alleged injuries to the decedent, Anthony J. DiFranco, stemming from asbestos exposure throughout his career as a carpenter. Along with other products, the plaintiff alleges asbestos exposure due to Amtico floor tiles manufactured by the defendant, American Biltrite, Inc. Before the court is American Biltrite’s motion to dismiss the plaintiff’s claims based on lack of personal jurisdiction and motion for summary judgment.

The court reviewed …

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Personal Jurisdiction
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Case Transferred due to Lack of Personal Jurisdiction Over Successor Corporation

U.S. District Court for the Eastern District of Michigan, Southern Division, October 1, 2021

In this matter, plaintiff Timothy Murphy sued defendant Viad Corporation for damages resulting from his asbestosis diagnosis. The plaintiff alleges exposure to asbestos from his operation and maintenance of two freshwater distilling plants while he served aboard the USS Frank E. Evans in the U.S. Navy. At that time, he was stationed at the U.S. Naval Station in Long Beach, California. The distilling plants at issue were manufactured, distributed, and sold …

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California / Personal Jurisdiction
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Defendant’s Motion to Dismiss Granted as Specific Jurisdiction Not Established

U.S. District Court for the Northern District of California

In this asbestos action, plaintiff Frank Shelton alleged exposure to asbestos while serving in the U.S. Navy from the mid-1960s until the early 1970s. Defendant Superior Lidgerwood Mundy Corporation filed a motion to dismiss this matter, contending that the court did not have general or specific jurisdiction over the defendant. In support of its motion, the defendant submitted a declaration from its vice president and chief financial officer, setting forth that:

[Defendant] is not headquartered in …

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