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 …

Continue Reading

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 …

Continue Reading

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. …

Continue Reading

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 …

Continue Reading

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, …

Continue Reading

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 …

Continue Reading

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. …

Continue Reading

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 …

Continue Reading

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 …

Continue Reading

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 …

Continue Reading