Court Grants Jurisdictional Discovery from Foreign Defendant Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 27, 2022

In the matter of Pira v. Air & Liquid Sys. Corp., defendant Steel Grip, Inc., filed a motion to dismiss the plaintiff’s case for lack of personal jurisdiction. With regard to specific jurisdiction, the defendant argued that it did not sell, distribute, or manufacture any products in the state of New York, and that all of the plaintiff’s alleged exposure to asbestos occurred on Italian cruise ships. With regard to general jurisdiction, the …

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Default Judgment Vacated by Plaintiff’s Failure to Serve Amended Complaint

U.S. District Court for the Middle District of Pennsylvania, January 7, 2022

The plaintiff Rhonda J. Gorton filed this asbestos-related lawsuit on behalf of her husband, the decedent Thomas Gorton, alleging the decedent contracted mesothelioma as a result of his exposure to asbestos-containing products. The defendant Warren Pumps did not respond to the complaint or otherwise have counsel enter an appearance on its behalf. On or about March 6, 2018, the decedent passed away. On July 9, 2018, the plaintiff filed an amended complaint alleging …

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Plaintiffs Granted Jurisdictional Discovery from Valve Manufacturer Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 2, 2021

The defendant, Jenkins Bros, moved to dismiss the plaintiffs’ complaint for lack of personal jurisdiction. Specifically, Jenkins argued that it is not incorporated in New York, does not have its headquarters in New York, and does not maintain its principal place of business in New York. The plaintiff opposed the motion, and filed a cross-motion seeking jurisdictional discovery.

The plaintiff argued that the deposition transcript of Jenkins’ corporate representative, David Boisvert, demonstrated that Jenkins …

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Court Grants Tile Maker’s Motion to Dismiss Finding No Basis for Specific Jurisdiction

Supreme Court of New York, Suffolk County, October 28, 2021

In this matter, the plaintiff, Kathleen DiFranco, sued to recover damages for personal injuries allegedly incurred by the decedent as a result of exposure to products containing asbestos through his work as a carpenter. The plaintiff alleged the decedent was exposed to asbestos while working with floor tiles containing asbestos made by the defendant, American Biltrite, Inc.

The defendant filed motions to dismiss the plaintiff’s claims against it based on lack of personal jurisdiction. The …

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Court Finds Plaintiff’s Affidavit Establishes Specific Jurisdiction

U.S. District Court for the Central District of California, September 9, 2021

Plaintiff Dennis A. Rockwell filed an asbestos action alleging he was exposed to asbestos from his work on two U.S. Navy ships and during his employment at Camp Pendleton, located in California.He alleged that such asbestos exposure ultimately resulted in his February 2021 diagnosis of mesothelioma.

Defendant Akron Brass Company moved to dismiss the case for lack of personal jurisdiction citing the plaintiff’s failure to provide facts connecting Akron Bass to California. …

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Floor Tile Manufacturer Dismissed for Lack of Personal Jurisdiction

Supreme Court of New York, Suffolk County, October 28, 2021

Plaintiff Kathleen DiFranco brought this matter as a result of alleged injuries to the decedent, Anthony J. DiFranco, stemming from asbestos exposure throughout his career as a carpenter. Along with other products, the plaintiff alleges asbestos exposure due to Amtico floor tiles manufactured by the defendant, American Biltrite, Inc. Before the court is American Biltrite’s motion to dismiss the plaintiff’s claims based on lack of personal jurisdiction and motion for summary judgment.

The court reviewed …

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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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