Category: Personal Jurisdiction

California / Personal Jurisdiction
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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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New York / Personal Jurisdiction
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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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Personal Jurisdiction
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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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California / Personal Jurisdiction
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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 / Personal Jurisdiction / Summary Judgment
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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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New York / Personal Jurisdiction
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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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California / Personal Jurisdiction
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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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New Jersey / Personal 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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Florida / Personal Jurisdiction
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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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Motion to Dismiss / Personal Jurisdiction
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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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