Category: Personal Jurisdiction

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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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Courtroom, Gavel And Law Books
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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New York / Personal Jurisdiction
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Trial Court Finds Plaintiff Lacks Personal Jurisdiction over Holding Company Defendant

Court: Supreme Court of New York, New York County

Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers, including BATUS Holding Inc. Plaintiffs sued BATUS individually and as successor-in-interest to British American Cosmetics, Yardley Co., and Yardley of London Inc. 

On the other hand, BATUS argued that as a holding company it never placed any products into the stream of commerce and thus has no ties to the State of New York. Plaintiff …

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Motion to Dismiss / New York / Personal Jurisdiction
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Glove Manufacturer’s Renewed Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied

Court: Supreme Court of New York, New York County

Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the State of New York.

In order to find personal jurisdiction, a court must determine whether general or specific jurisdiction exists over a given defendant. A court has general jurisdiction over a defendant where that defendant is “at home,” the state in which a company is incorporated or has its …

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California / Personal Jurisdiction
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Plaintiffs’ Fraud and Loss of Consortium Claims in Shipyard Action Dismissed; Various Other Claims Remain

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

In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in its entirety.

Defendant BAE Systems San Diego Ship Repair Inc. (BAE) challenged the court’s subject-matter jurisdiction of this action. However, drawing all reasonable inferences in the plaintiffs’ favor, the court disagreed. …

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Personal Jurisdiction
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Supreme Court Upholds Constitutionality of Consent-by-Registration Statutes

Court: Supreme Court of the United States

The U.S. Supreme Court issued a long-awaited decision June 27 on personal jurisdiction in the Robert Mallory case, holding that consent-by-registration statutes do not violate the Due Process Clause of the Fourteenth Amendment. The case arose out of a Pennsylvania state court asbestos case. 

The plaintiff Robert Mallory worked for the defendant Norfolk Southern for nearly 20 years in Ohio and Virginia. As a freight-car mechanic, he allegedly sprayed boxcar pipes with asbestos and handled other chemicals in …

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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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