Motion to Dismiss for Lack of Personal Jurisdiction Granted for Talc Manufacturer

U.S. District Court for the Eastern District of Arkansas, Central Division, September 11, 2020

Defendant Cyprus Mines filed a motion to dismiss for lack of personal jurisdiction, arguing the court does not have jurisdiction over Cyprus even though it provided talc to Johnson & Johnson, which incorporated the talc into consumer products and then sold those consumer products in Arkansas. Cyprus argues that undertook no suit-related activities in or directed toward Arkansas, and there is therefore no basis for specific jurisdiction over it. The plaintiff …

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Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Denied Due to Conclusory Arguments

U.S. District Court for the Eastern District of Arkansas, Central Division, August 25, 2020

Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to both the Felt-Products Manufacturing Company and the Vellumoid Division of Federal-Mogul Corporation, filed separate motions to dismiss on behalf of each. The court notes that both motions failed to comply with Local Rule 7.2 as they were not accompanied by a brief. Furthermore, the arguments in the rough two-page motions were completely undeveloped and conclusory, which the court noted was enough to …

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Pump Manufacturer Withstands Challenge to Protective Order, Loses Personal Jurisdiction Argument

Appellate Court of Illinois, Fifth District, August 24, 2020

The Appellate Court of Illinois, Fifth District, recently issued a discovery decision in the matter of Linder v. A.W. Chesterton Co., which also touched on the issue of personal jurisdiction. In Linder, the plaintiffs alleged that asbestos dust attributable to industrial pumps manufactured by GIW contributed to plaintiff decedent, Robert Linder’s mesothelioma. At the outset of the case, GIW filed a motion to dismiss for lack of personal jurisdiction, arguing that as a Georgia …

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Court of Appeals Reverses Dismissal of Asbestos Manufacturer Based on Lack of Personal Jurisdiction

Court of Appeals of Washington, Division One, July 13, 2020

In Noll v. Special Electric Co., the Court of Appeals of Washington, Division One, recently opined on an order of remand regarding the trial court’s dismissal of an action because the court lacked personal jurisdiction over the defendant. The trial court concluded that the plaintiff did not allege sufficient facts for Washington to exercise specific jurisdiction over the defendant. In granting the defendant’s original motion, the court held that the plaintiff failed to allege …

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Loss of Valid Statute of Limitations Defense after Re-Filing Not a Bar to Dismissal Without Prejudice

U.S. District Court for the District of Maryland, June 12, 2020

Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially filed an action in Maryland, and JJCI moved to federal court.  Cyprus and Avon subsequently moved to dismiss based on personal jurisdiction, whereas JJCI moved for partial judgment on the …

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Court Denies Third Party Defendant’s Motion to Dismiss and Orders Jurisdictional Discovery

U.S. District Court for the Western District of Kentucky

In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the court recently denied a third-party defendant’s motion to dismiss a third-party complaint without prejudice. Plaintiff Jack Papineau alleged he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and sued four defendants including Brake Supply.

Brake Supply then filed a third party action against Fras-le S.A. Fras-Le North for common law indemnity and apportionment under K.R.S. § …

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Dryer Felt Defendant’s Motion to Dismiss for Personal Jurisdiction Denied

United States District Court, M.D. North Carolina, February 28, 2020

United States District Court for the Middle District of North Carolina recently denied a dryer felt defendant’s motion to dismiss for lack of personal jurisdiction. The plaintiffs filed a lawsuit after William Brock was employed as an electrician and maintenance worker at RJ Reynolds Tobacco Company in Winston-Salem for over 30 years, and developed mesothelioma after exposure to various asbestos-containing materials. The dryer felt defendant moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(2). …

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Pennsylvania Personal Jurisdiction Update

The past three years have seen the scope of personal jurisdiction challenges expand on a national level, and Pennsylvania is no exception. Two areas in particular in Pennsylvania, jurisdiction by consent and jurisdiction by registration, have been tackled by both the state and federal courts in the Commonwealth. There have been inconsistent rulings in the courts, and there is potential for a continued sea change in this particular area of jurisprudence based on the outcome of a currently pending appeal in the Pennsylvania Superior Court.…

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Eight Defendants Dismissed Due to Lack of Personal Jurisdiction

PENNSYLVANIA – In an order entered on November 19, 2019, Judge Robreno of the Eastern District of Pennsylvania dismissed eight defendants in the Fend matter based upon the court’s lack of personal jurisdiction over each. The plaintiff was allegedly exposed to asbestos while working on ships and aircraft while serving in the Navy. In a footnote opinion, Robreno stated that, “the court finds no reason to amend its ruling in Sullivan that Pennsylvania’s statutory scheme requiring foreign corporations to register to do business and, therefore, …

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Attempt to Revive MARDOC Cases on Jurisdiction Fails as to all but Four Appellants

OHIO – The plaintiffs in this matter are merchant mariners who originally filed their cases in the Northern District of Ohio. Subsequent to filing, their cases were transferred to multidistrict litigation (MDL). Prior to trial in Pennsylvania, the court dismissed the cases after a finding that the Ohio court lacked personal jurisdiction, and appeal ensued.

By way of background, the merchant mariner cases were in the thousands. Filings began in the 1980s against several ship owners, manufacturers, and suppliers of asbestos products. Their claims were …

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