Case Transferred due to Lack of Personal Jurisdiction Over Successor Corporation

U.S. District Court for the Eastern District of Michigan, Southern Division, October 1, 2021

In this matter, plaintiff Timothy Murphy sued defendant Viad Corporation for damages resulting from his asbestosis diagnosis. The plaintiff alleges exposure to asbestos from his operation and maintenance of two freshwater distilling plants while he served aboard the USS Frank E. Evans in the U.S. Navy. At that time, he was stationed at the U.S. Naval Station in Long Beach, California. The distilling plants at issue were manufactured, distributed, and sold …

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Defendant’s Motion to Dismiss Granted as Specific Jurisdiction Not Established

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

In this asbestos action, plaintiff Frank Shelton alleged exposure to asbestos while serving in the U.S. Navy from the mid-1960s until the early 1970s. Defendant Superior Lidgerwood Mundy Corporation filed a motion to dismiss this matter, contending that the court did not have general or specific jurisdiction over the defendant. In support of its motion, the defendant submitted a declaration from its vice president and chief financial officer, setting forth that:

[Defendant] is not headquartered in …

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Louisiana Court Maintains Personal Jurisdiction over Foreign Successor Corporation

Court of Appeal of Louisiana, Second Circuit, August 11, 2021

From 1953 to 1954, the decedent, Charles Hayes, was employed as a laborer and assistant operator at a variety of plants in Louisiana. In 2017, Hayes and his family filed suit against multiple defendants, alleging that Hayes was exposed to asbestos while working with insulation, gaskets, and packing materials at these plants. Hayes was diagnosed with mesothelioma in 2016, and passed away in 2018.

One of the plants where Hayes alleged exposure to asbestos was …

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Court Refuses to Pierce Corporate Veil to Satisfy Personal Jurisdiction; Invites Motion to Transfer

U.S. District Court for the Southern District of New York, August 9, 2021

The plaintiff alleged that the decedent, Eugene Paroni was exposed to asbestos while working at various jobsites from the 1960s through the 1980s. Paroni specifically alleged that one of the sources of his alleged exposure was from a “Ruston TA-1500” turbine that he encountered in the early 1970s at a plant in California. Paroni alleged that outside workers took apart and worked on the turbine equipment, which included asbestos blankets. The turbine …

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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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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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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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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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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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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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