Plaintiff’s Own Allegations Fail to Establish Personal Jurisdiction Against Defendant Federal-Mogul U.S. District Court for the Eastern District of Missouri, Eastern Division August 5, 2016
In the same case reported on today, the court also determined whether personal jurisdiction existed for defendant Federal-Mogul Asbestos Injury Trust, as successor to the former Vellumoid Division of Federal-Mogul and as successor to Felt-Products Manufacturing Co. (Federal-Mogul). The plaintiff failed to respond to Federal-Mogul’s personal jurisdiction motion. The complaint listed 78 defendants, and alleged that all defendants were amenable to suit in Missouri by reason of having sold, distributed and/or installed asbestos-containing products in Missouri or by reason of having placed the same into the stream of commerce for use in Missouri, and by reason of having committed a tortious act against the plaintiff in Missouri.
The complaint did not identify any connection between the plaintiff and the sale of Federal-Mogul’s products in Missouri. According to the complaint itself, Federal-Mogul was not incorporated in Missouri, did not maintain its principal place of business in Missouri, and was not registered to do business in Missouri. The court found: “The allegations in the complaint foreclose exercise of personal jurisdiction over Federal-Mogul. The Court need not consider any evidence to prove the allegations in the complaint because even if all of the allegations in the complaint are true, no personal jurisdiction exists over Federal-Mogul in Missouri.” Thus the court granted Federal-Mogul’s motion to dismiss for lack of jurisdiction.