Category: Personal Jurisdiction

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Personal Jurisdiction / Summary Judgment
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Manufacturer’s Motion for Summary Judgment on Personal Jurisdiction Denied

Jurisdiction: Schenectady Supreme Court, New York

Defendant Fives Giddings & Lewis were sued in New York by plaintiff McCune, based on the allegation that their machinery exposed him to asbestos. Mr. McCune filed this lawsuit May 13, 2024, seeking to recover damages for personal injuries related to his exposure to asbestos from various asbestos-containing products. Plaintiff was diagnosed with lung cancer in July 2023.

Fives Giddings & Lewis brought a motion for summary judgment on personal jurisdiction. Defendant’s argument was that plaintiff’s alleged exposure to …

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Contacts / Forum State / General Jurisdiction / Motion to Dismiss / Personal Jurisdiction / Powder / Principal Place of Business / Stream of Commerce
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Defendant’s Motion to Dismiss Reversed by Court of Appeals of Indiana

Jurisdiction: Court of Appeals of Indiana

In this asbestos action, it was alleged that decedent, Ronald McBride had asbestos exposure from the use of asbestos-containing talcum powder products while living in Indiana and Florida from 1970 to 2021. In August 2021, it was further claimed that Mr. McBride was diagnosed with malignant pleural mesothelioma because of the purported asbestos exposure. 

In October 2021, Mr. McBride and his spouse, Michele McBride commenced a mass-tort action by filing a complaint with the Marion County Superior Court in Indiana …

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Mesothelioma / Personal Jurisdiction
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Plaintiffs’ Successful Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service

Court of Appeal of California, First Appellate District, Division Four

Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al.

The plaintiffs allege that the decedent, Raul Hernandez, had occupational exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brakes and clutches from Toyota cars at a Toyota dealership from 1977 to 2009. The decedent was subsequently diagnosed with mesothelioma. The plaintiffs further claim these Toyota vehicles incorporated OEM and genuine Toyota replacement parts with asbestos-containing friction components supplied by …

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Asbestos Exposure / Mesothelioma / Minimum Contacts / Personal Jurisdiction / Stream of Commerce
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Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Court of Appeal of California, First Appellate District, Division Four

Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al.

This litigation arises from claims of asbestos exposure. The plaintiffs allege the decedent, Raul Hernandez, had occupational exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brake shoes, brake pads, clutch plates, gaskets, and transmission bands while working on Volkswagen cars at Volkswagen dealerships between 1969 and 1976. The decedent was subsequently diagnosed with mesothelioma. The plaintiffs filed a complaint …

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New York / Personal Jurisdiction
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First Department Affirms New York Jurisdiction Over Automotive Defendants

Court: Supreme Court, Appellate Division, First Department (NY)

In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas of New York car dealerships in the 1990s, along with the work areas of car dealerships in his home state of Florida between 1976 and 1986, which led to decedent’s development of mesothelioma.

Plaintiffs filed suit against a number of defendants, including American Honda Motor Co., Inc. and Nissan North America Inc., in the state of New York.…

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New York / Personal Jurisdiction
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New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

Court:  Supreme Court of New York State, Erie County

Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career working at various paper mills, chemical plants, refineries, and power plants throughout New Brunswick, Ontario, and parts of Alberta, Canada. He was diagnosed with mesothelioma in October 2023 and initiated a lawsuit in Erie County Supreme Court in Upstate New York.

Plaintiff alleged that his work during shutdown or refurbishing periods at …

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Connecticut / Personal Jurisdiction
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Connecticut Court Determines it Lacks Personal Jurisdiction Over Talcum Powder Defendant

Court:  Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport

Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum products throughout her life. Decedent alleged she personally used talcum products on herself and her children from the 1950s to the 1970s and was also exposed to asbestos from her father’s work as an automobile mechanic from the 1970s to the 2000s. Decedent’s surviving spouse, Jacob Russell Herman Sr. (plaintiff), as executor of Decedent’s estate, brought suit against a number …

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New York / Personal Jurisdiction / Summary Judgment
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Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

Court: Supreme Court of New York County (NYCAL)

In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a holding company that was incorporated in Delaware with a principal place of business in Pennsylvania. BHI further argued that as a holding company, it never placed any products in the stream of commerce and thus, has no ties to the state of New York.

In opposition, plaintiff argued that BHI is …

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Personal Jurisdiction
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Governor Hochul Vetos Bill Requiring Foreign Corporations to Consent to General Jurisdiction in New York Courts

On December 22, 2023, New York Gov. Kathy Hochul vetoed Senate Bill S7476, which provided that a foreign corporation’s application for authority to do business in New York constitutes consent to jurisdiction of New York courts. According to the New York Senate, the purpose of the bill was to allow New York residents to sue foreign corporations authorized to do business in New York in state courts, rather than elsewhere at potentially great expense and inconvenience.

Senate Bill S7476 was introduced on May 30, 2023 …

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Massachusetts / Personal Jurisdiction
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Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Granted

Court: United States District Court for the District of Massachusetts

Plaintiffs Robert and Judith Gillis of Massachusetts filed this action against numerous defendants in Massachusetts state court, alleging the defendants caused Robert Gillis to be exposed to asbestos and to, thereafter, develop mesothelioma.

Defendant John Crane Inc. filed a notice of removal with the United States District Court for the District of Massachusetts. After filing a motion to amend their complaint, the plaintiffs named PBV Inc. and Copeland Corporation LLC as additional defendants. Copeland is …

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