Personal Jurisdiction Archives

Category: Personal Jurisdiction

June 15, 2020 • Maryland, Motion to Dismiss, Personal Jurisdiction, Statute of Limitations

Loss of Valid Statute of Limitations Defense after Re-Filing Not a Bar to Dismissal Without Prejudice

U.S. District Court for the District of Maryland, June 12, 2020 Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially … Continued

May 13, 2020 • Kentucky, Motion to Dismiss, Personal Jurisdiction, Pleadings Challenge

Court Denies Third Party Defendant’s Motion to Dismiss and Orders Jurisdictional Discovery

U.S. District Court for the Western District of Kentucky In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the court recently denied a third-party defendant’s motion to dismiss a third-party complaint without prejudice. Plaintiff Jack Papineau alleged he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and … Continued

March 2, 2020 • North Carolina, Personal Jurisdiction

Dryer Felt Defendant’s Motion to Dismiss for Personal Jurisdiction Denied

United States District Court, M.D. North Carolina, February 28, 2020 United States District Court for the Middle District of North Carolina recently denied a dryer felt defendant’s motion to dismiss for lack of personal jurisdiction. The plaintiffs filed a lawsuit after William Brock was employed as an electrician and maintenance worker at RJ Reynolds Tobacco … Continued

January 15, 2020 • Pennsylvania, Personal Jurisdiction

Pennsylvania Personal Jurisdiction Update

The past three years have seen the scope of personal jurisdiction challenges expand on a national level, and Pennsylvania is no exception. Two areas in particular in Pennsylvania, jurisdiction by consent and jurisdiction by registration, have been tackled by both the state and federal courts in the Commonwealth. There have been inconsistent rulings in the courts, and … Continued

November 21, 2019 • Pennsylvania, Personal Jurisdiction

Eight Defendants Dismissed Due to Lack of Personal Jurisdiction

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 … Continued

November 13, 2019 • Maritime/Admiralty Law, Ohio, Personal Jurisdiction

Attempt to Revive MARDOC Cases on Jurisdiction Fails as to all but Four Appellants

OHIO – The plaintiffs in this matter are merchant mariners who originally filed their cases in the Northern District of Ohio. Subsequent to filing, their cases were transferred to multidistrict litigation (MDL). Prior to trial in Pennsylvania, the court dismissed the cases after a finding that the Ohio court lacked personal jurisdiction, and appeal ensued. … Continued

October 16, 2019 • Damages, Missouri, Personal Jurisdiction

Lack of Personal Jurisdiction Eliminates $110 Million Dollar Verdict Against Talc Defendants

MISSOURI — $110 million verdict against talc defendants Johnson and Johnson and Imerys Talc North America was overturned by a Missouri appellate court this week. The plaintiff Lois Slemp filed suit against the defendants alleging that she developed ovarian cancer as a result of her use of Johnson and Johnson’s talcum powder products for over … Continued

October 8, 2019 • Louisiana, Motion to Dismiss, Personal Jurisdiction

Unclear Testimony Regarding Location of Exposure Leads to Dismissal Due to Lack of Personal Jurisdiction

LOUISIANA – The plaintiff, Terry BonDurant, alleged that he was exposed to asbestos while working as an electrician at various refineries in Louisiana, Texas and Florida from 1964 to 1979, and that he contracted mesothelioma from that exposure. He filed suit against numerous defendants, including Gould Electronics. However, at his deposition, the plaintiff did not … Continued

September 12, 2019 • New Jersey, Personal Jurisdiction

Talc Defendant’s Appeal of Personal Jurisdiction Denial Dismissed

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) … Continued

August 19, 2019 • Louisiana, Motion to Dismiss, Personal Jurisdiction

Plaintiff’s Failure to Show General and Specific Jurisdiction Results in Premises Defendant’s Dismissal

LOUISIANA – The plaintiff, Terry Bondurant, alleged exposure to asbestos while working as an electrician at various chemical plants in Texas and Louisiana, including a plant located in Texas that belonged to the defendant, Eastman Kodak. . Kodak, however, was incorporated in New Jersey and has its principal place of business in New York. Kodak … Continued