Personal jurisdiction over a foreign corporation was asserted by The Minnesota Court of Appeals in a recent asbestos case. The court found that the company’s former asbestos-tile factory in the state provided sufficient minimum contacts for specific personal jurisdiction.
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Illinois Reins in Exercise of Personal Jurisdiction over Out-of-State Defendants for Nonresidents’ Claims
On June 4, the Illinois Supreme Court issued an opinion that further limits the exercise of personal jurisdiction over out-of-state defendants in Christy Rios et al., v. Bayer Corporation et al., and Nichole Hamby et al., v. Bayer Corporation et al., 2020 IL 125020. At issue was whether “Illinois may exercise specific personal jurisdiction over an out-of-state defendant as to the claims of out-of-state plaintiffs for personal injuries suffered outside of Illinois from a device manufactured outside of Illinois.” Following rulings from the United States Supreme Court and those from other states, the court answered with a resounding: “no.”
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Toxic Tort Monitor: Cook County Court Finds Asbestos Plaintiff Failed to Establish Specific Personal Jurisdiction Over Out-of-State Premises Defendant
On November 26, 2019, in Eileen Riebel, et al. v. 3M Company, et al. (Case No. 2015-L-002124), Cook County Judge Clare E. McWilliams granted a premises defendant’s personal jurisdiction motion in an asbestos matter finding that a contractual relationship between an out-of-state premises defendant and a decedent’s Illinois-based employer, by itself, was not sufficient to establish specific personal jurisdiction over the out-of-state defendant and did not meet the requisite minimum contacts with the state.
Continue Reading Toxic Tort Monitor: Cook County Court Finds Asbestos Plaintiff Failed to Establish Specific Personal Jurisdiction Over Out-of-State Premises Defendant
Toxic Tort Monitor: District Court of New Jersey Finds Specific Jurisdiction Lacking Based on Successor Liability Theory
In Thomas-Fish v. Aetna Steel Prod. Corp., plaintiff Helen Thomas-Fish alleged her husband Robert Fish had died from mesothelioma caused by exposure to asbestos through his work at a shipbuilding yard in New Jersey in 1960. No. 17-CV-10648 RMB/KMW, 2019 WL 2354555, at *1 (D.N.J. June 4, 2019). Plaintiff brought a wrongful death claim against various defendants including Sonic Industries (“Sonic”), an alleged joiner contractor that installed asbestos-containing paneling during shipbuilding. Sonic was incorporated in California in 1966, six years after the alleged exposure in this case. In addition, Sonic maintained its principal place of business in Connecticut. Accordingly, Sonic was not subject to general jurisdiction in the state of New Jersey. Instead, Plaintiff asserted that Sonic was subject to specific jurisdiction in New Jersey through an unnamed predecessor entity under a successor liability theory. Defendant Sonic filed a motion to dismiss for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2).
Continue Reading Toxic Tort Monitor: District Court of New Jersey Finds Specific Jurisdiction Lacking Based on Successor Liability Theory
Toxic Tort Monitor: Illinois Asserts Personal Jurisdiction Based On National Advertising and Ongoing Relationship With Several In-State Customers
The First District recently held that the district court had personal jurisdiction over a Texas-based company because of that company’s national advertising scheme and small repeat customer base in Illinois. In Schaefer v. Synergy Flight Center, et al., No. 1-18-1779, Plaintiffs alleged that Defendant RAM Aircraft, L.P., negligently overhauled, repaired, and tested an aircraft’s left engine and other parts, and that the negligent repair caused the aircraft to crash in Illinois, killing its seven passengers. RAM was a Texas-based limited partnership that predominately made its income by overhauling aircraft engines. RAM performed its work in Texas and had no office or property in Illinois. RAM did, however, advertise in a nationally distributed magazine and Illinois customers historically accounted for 1-2.5% of its revenues. The particular engine in question was overhauled by RAM in Texas, who shipped it to a company in Indiana, who then shipped it to an Illinois flight center for installation.
Continue Reading Toxic Tort Monitor: Illinois Asserts Personal Jurisdiction Based On National Advertising and Ongoing Relationship With Several In-State Customers
Toxic Tort Monitor – September 26, 2018
| September 26, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden |
| New Developments |
| Fifth District Finds Personal Jurisdiction Lacking Over Ford in Long-Awaited Jeffs Decision By Andrew Hahn The Fifth District Appellate Court issued its long-awaited decision in Jeffs v. Ford Motor Company recently finding that Ford Motor Company was not “at home” in |
Toxic Tort Monitor – June 18, 2018
| June 18, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden |
| New Developments |
| New Tool for Non-Resident Defendants Seeking to Challenge Personal Jurisdiction in Illinois By Dominque Savinelli If you are a non-resident corporate defendant in Cook County, Illinois, you should become familiar with Campbell v. Acme Insulations, Inc., as it will undoubtedly |
Toxic Tort Monitor – May 15, 2018
| May 15, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Order of Operations: Maryland’s Highest Court Analysis of the Statute of Repose and Discovery Rule’s Applicability to Asbestos Cases By Soham Desai On March 28, 2018, the Court of Appeals of Maryland, Maryland’s highest court, was asked |
Toxic Tort Monitor – April 16, 2018
| April 16, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Cook County Circuit Court Denies Personal Jurisdiction Motion in Asbestos Case By Anne McLeod The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections |
Toxic Tort Monitor – March 14, 2018
| March 14, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Precluding a Second Bite at the Apple; Federal District Court Grants Summary Judgment on Basis of Doctrine of Collateral Estoppel By Tierra Jones In the interest of justice and courtroom efficiency, res judicata aims to prevent parties |