Talc Defendant’s Appeal of Personal Jurisdiction Denial Dismissed Superior Court of New Jersey, Appellate Division, September 11, 2019
NEW JERSEY – After a lengthy discussion of corporate successor liability and the histories of the companies at bar, a New Jersey appellate court ultimately determined that the factual record was too incomplete to resolve questions regarding jurisdiction, and dismissed an appeal of the trial court’s order denying talc defendant Cyprus Amax Minerals Company (Cyprus) personal jurisdiction motion. Ohio resident Linda Huff had sued two Delaware corporations, Imerys Talc America, Inc. and Cyprus in New Jersey state court, alleging that their talc was incorporated into products that contributed to her pleural mesothelioma. Imerys filed for bankruptcy, leaving Cyprus as the sole appellant. The court considered facts regarding Cyprus’ corporate history to be too murky to discern on the record presented whether they were a successor-in-interest to potentially liable parties, and declined to address the question posed by appellants, but noted their ability to challenge personal jurisdiction in a properly supported motion to dismiss or for summary judgment.