News & Updates
Another Jurisdictional Battle Results in Transfer of Venue from Tennessee to Louisiana In Asbestos Case U.S. District Court for the Middle District of Tennessee, Nashville Division, August 4, 2015
In this case, the plaintiff filed the lawsuit in United States District Court for the Middle District of Tennessee, Nashville Division, based on his residence. Seven of the defendants moved to dismiss for lack of personal jurisdiction, which caused the plaintiff to move for a transfer of venue to Louisiana. The court found that Louisiana had a sufficient connection to the claimed exposure: “The Western District of Louisiana is the judicial district in which a substantial part of the events or omissions giving rise to this action occurred. All of Plaintiff Mark Cashio's exposure to asbestos occurred in Louisiana, not Tennessee. Plaintiffs' Complaint alleges that the products containing that asbestos were in Louisiana, not Tennessee. Moreover, Plaintiffs allege that the offending products and materials manufactured, sold or delivered by Defendants were delivered or distributed into the State of Louisiana, not Tennessee.” The court declined to rule on whether any of the defendants were subject to personal jurisdiction in Louisiana.
If you have questions about how this decision may impact your business, please contact:
- Joseph J. Welter (716.566.5457; firstname.lastname@example.org)
- Jason A. Botticelli (716.566.5460; email@example.com)
- Or another member of Goldberg Segalla’s Toxic Torts Practice Groups