PENNSYLVANIA – In an order entered on November 19, 2019, Judge Robreno of the Eastern District of Pennsylvania dismissed eight defendants in the Fend matter based upon the court’s lack of personal jurisdiction over each. The plaintiff was allegedly exposed to asbestos while working on ships and aircraft while serving in the Navy. In a footnote opinion, Robreno stated that, “the court finds no reason to amend its ruling in Sullivan that Pennsylvania’s statutory scheme requiring foreign corporations to register to do business and, therefore, to consent to general personal jurisdiction, offends the due process clause and is unconstitutional.” The Sullivan decision was previously reported by this blog. The order in Fend followed supplemental briefing on the issue, raised by the plaintiff, as to whether the court possessed authority to render its decision in Sullivan, since it arguably overturned Supreme Court precedent. The court further stated in its order that it, “does not find the cases cited by the plaintiff to be persuasive or relevant.”
Read the case decision here.