Category: Personal Jurisdiction

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Personal Jurisdiction
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Denial of Talc Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed on Appeal

Court of Appeal of Florida, Fourth District

The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its principal place of business in New York. The plaintiffs alleged that Joanne developed mesothelioma as a result of her exposure to asbestos-containing cosmetic talcum powder products between 1978 and 2015. They attributed Yardley Lavender talcum powder to Lornamead. The plaintiffs further asserted that the defendants were subject to jurisdiction in Florida based on having “maintained …

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Appeal / New York / Personal Jurisdiction
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First Department Reverses Denial of Valve Defendant’s Motion to Dismiss on Personal Jurisdiction Grounds

Court: Supreme Court of New York, Appellate Division, First Department

Plaintiff Ralph Vavala alleged his lung cancer diagnosis arose from alleged exposure to asbestos from a variety of products, including valves manufactured by the defendant, Jenkins Bros., during his employment as a steamfitter and welder from the 1960s through the 1980s. Upon commencement of the plaintiff’s lawsuit, Jenkins Bros. moved to dismiss the complaint against it for lack of personal jurisdiction. In response, the plaintiff cross-moved for jurisdictional discovery. On December 6, 2021, the trial …

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North Carolina / Personal Jurisdiction
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Plaintiffs Allowed Additional Discovery to Establish Personal Jurisdiction over Hydraulic-Pump Defendant

Court: United States District Court for the Eastern District of North Carolina, Western Division

Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’ asbestos-containing products while employed as a railway yard worker from approximately 1966 to 1977. One of the defendants, Eaton Hydraulics LLC f/k/a Eaton Hydraulics Inc. — sued as successor to Vickers Inc. (“Eaton”) — filed an original and renewed motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure …

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Appeal / New York / Personal Jurisdiction
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PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Supreme Court of New York, Appellate Division, First Department, November 2, 2022

In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent Giacinto Pira’s alleged asbestos exposure, which allegedly contributed to his mesothelioma diagnosis.  

At his discovery deposition, Pira testified that his employer purchased asbestos-containing safety gloves from SGI in New York, and that he used these gloves for welding on his jobsite.

SGI moved to dismiss the case for lack of personal jurisdiction, …

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California / Personal Jurisdiction
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Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Superior Court of California, County of Los Angeles, October 6, 2022

In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including brakes and clutches from defendant Akebono Brake Industry Co., Ltd. (“Akebono”). Akebono, a Japanese company, filed a motion to dismiss for lack of personal jurisdiction, alleging that no personal jurisdiction exists over it in California.  

A non-resident defendant is subject to a state’s general jurisdiction if its contacts “are so continuous and systematic, as to render …

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Illinois / Personal Jurisdiction
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Automotive Defendant Obtains Dismissal for Lack of Jurisdiction

United States District Court for the Southern District of Illinois, July 21, 2022

In this asbestos action, defendant Honeywell International Inc., f/k/a Allied Signal Inc. as successor-in-interest to The Bendix Corporation filed a motion to dismiss for lack of jurisdiction. Plaintiff failed to respond to Honeywell’s motion.

A district court has personal jurisdiction over a defendant “who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located.” Fed. R. Civ. P. 4(k)(1)(A). An Illinois district …

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Mesothelioma
Damages / Kentucky / Personal Jurisdiction
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Brake Supplier Permitted to Present Evidence of Fault Against Non-Parties for Apportionment Considerations

United States District Court for the Western District of Kentucky, Owensboro Division, July 12, 2022

In this asbestos action, the plaintiff Jack Papineau sued various manufacturers alleging that these manufacturers produced asbestos-containing products, which caused plaintiff’s mesothelioma. One of the defendants, Brake Supply, sought indemnification or apportionment from an outside party, Frans-Le South America (“Fras-Le”), alleging that Frans-Le sold Brake Supply asbestos-containing brakes. The court dismissed Brake Supply’s indemnification claims against Frans-Le for a lack of personal jurisdiction. However, the court left the question of …

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Motion to Dismiss / Personal Jurisdiction
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First Department Reverses Denial of Valve Manufacturer’s Motion to Dismiss

Supreme Court of New York, Appellate Division, First Department, June 7, 2022

In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which denied its motion to dismiss for lack of personal jurisdiction. By way of background, George Seger, III (“Plaintiff”) allegedly developed colon cancer, which he attributed to his exposure to asbestos during his naval service, specifically from working on boilers onboard the USS Hepburn. The plaintiff alleged that he worked …

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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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