Category: Personal Jurisdiction

California / Personal Jurisdiction
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Pump Manufacturer’s Motion to Dismiss Based on Personal Jurisdiction Denied

U.S. District Court for the Northern District of California, June 30, 2021

In this asbestos action, Christopher Sibley (the plaintiff) alleged asbestos exposure from his work as a Navy electrician in California. Defendant Viking Pump moved to dismiss due to a lack of personal jurisdiction. As per Rule 12(b)(2), a defendant can move to dismiss the matter based on personal jurisdiction grounds. Since personal jurisdiction is not authorized by federal statute, the court applied California law. As such, “[a] defendant is subject to general jurisdiction …

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New Jersey / Personal Jurisdiction
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Aircraft Manufacturer Granted Motion to Dismiss Due to Lack of Specific Personal Jurisdiction

U.S. District Court for the District of New Jersey, June 28, 2021

Paul Klick III (the plaintiff) was diagnosed with mesothelioma on or about July 17, 2020, after allegedly being exposed to asbestos while serving in the United States Air Force between 1967 and 1971. Among other things, the plaintiff alleged that he breathed the airborne dust created from mechanics under his direct supervision maintaining, removing and installing asbestos-containing friction and insulation products on Boeing aircrafts, B-52G and KC-135A. The plaintiff’s work involving Boeing products …

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Florida / Personal Jurisdiction
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Two Navy Defendants Dismissed on Personal Jurisdiction Grounds Under U.S. Supreme Court Ford Decision

U.S. District Court for the Middle District of Florida, Tampa Division, April 28, 2021

The plaintiff alleged that he was exposed to asbestos during his 22-year career as a Machinist’s Mate in the U.S. Navy from 1958 to 1980. He filed suit against numerous defendants, including Alfa Laval, Inc. and Viad Corp. in Florida. Only one of the ships on which the plaintiff served while in the Navy was stationed in Florida during the time that he was onboard—the U.S.S. Pawcatuck, which was docked …

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Motion to Dismiss / Personal Jurisdiction
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Jurisdictional Discovery Allowed Over Successor Entity in Take-Home Exposure Case

U.S. District Court for the Eastern District of Louisiana, March 31, 2021

In October 2019, plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945.

Avondale removed the case to federal court, and thereafter filed a third-party claim against Mestek, Inc, as the successor corporation to L.J. Wing Manufacturing Company, which had allegedly supplied forced draft blowers and …

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New York / Personal Jurisdiction
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Motion to Dismiss for Lack of Personal Jurisdiction Granted for Boiler Manufacturer

Supreme Court of New York, New York County, March 25, 2021

Defendant Cleaver-Brooks, Inc. filed this instant motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (a)(8) on the grounds that the court lacked personal jurisdiction over them. This lawsuit stems from plaintiff Darrell Nelson’s diagnosis of malignant pleural mesothelioma, which plaintiffs allege resulted from Mr. Nelson’s exposure to asbestos from his work as a maintenance worker and boiler operator for the Red Wing School District in Red Wing, Minnesota from 1977 to 1997. The …

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Motion to Dismiss / New York / Personal Jurisdiction
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Plaintiff Allowed to Proceed with Jurisdictional Discovery as Door Manufacturer’s Motion to Dismiss Denied

Supreme Court of New York, New York County, February 16, 2021

In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have personal jurisdiction over them as they were incorporated in and have their principal place of business in California. Further, Cobb’s manufacturing and distribution facilities are located in four California cities. …

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Pennsylvania / Personal Jurisdiction
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Court Recommends Denial of Defendants’ Motions to Dismiss Finding Court had Subject Matter Jurisdiction and Personal Jurisdiction

U.S. District Court for the Western District of Pennsylvania, February 11, 2021

The decedent was allegedly exposed to asbestos dust and fibers during his employment with the U.S. Navy and other various employers. He developed mesothelioma in 2018 and died from complications in February 2020. The decedent’s wife brings this lawsuit against various defendants alleging that they engaged in the mining, milling, manufacturing, distributing, supplying, selling and/or using and/or recommending and/or installing and/or removing asbestos materials and other dangerous ingredients and products which caused decedent …

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New York / Personal Jurisdiction
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Unopposed Motion to Dismiss Based on Lack of Personal Jurisdiction Granted for Automotive Suppliers

Supreme Court of New York, New York County, January 8, 2021

In this instant matter, defendants Genuine Parts Company and National Automotive Parts Association, LLC’s (defendants) move to dismiss this action against them pursuant to CPLR §3211(a)(8) on the grounds that the court lacked personal jurisdiction over them. The defendants argued that they were not subject to the jurisdiction of the New York court as they were not residents of New York State. In support of their motions, the defendants submitted affidavits from their representatives, …

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New York / Personal Jurisdiction
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Motion to Dismiss for Lack of Personal Jurisdiction Granted to Oven Manufacturer

Supreme Court of the State of New York, New York County

The plaintiff alleged that the decedent, Harvey A. Fitzwater, who was allegedly diagnosed with mesothelioma on October 10, 2016, was exposed to asbestos from using ovens manufactured by defendant Baker Perkins from 1965-67 at several locations in Alaska and Washington State. Baker Perkins moved to dismiss the plaintiff’s complaint, which was filed in the New York City Asbestos Litigation (New York County, New York), for lack of personal jurisdiction.

As to general jurisdiction, Baker …

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Personal Jurisdiction
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Defendant’s Unopposed Motion to Dismiss for Lack of Personal Jurisdiction Granted

Supreme Court of New York, New York County

In this asbestos action, defendant Hoffman-La Roche, Inc. filed a motion to dismiss pursuant to CPLR Section 3211(a)(8), arguing that it is a New Jersey company with no connection to New York. No opposition was filed.

Based on the defendant’s motion, the court held the defendant had established that it is a New Jersey corporation that conducts business solely in New Jersey, does not conduct business in New York, and does not employ personnel in New York. …

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