On September 21, 2021, in Cooper Tire & Rubber Company v. McCall, the Georgia Supreme Court reaffirmed the broad holding that any corporation registered to do business in Georgia is subject to general personal jurisdiction in Georgia courts. This expansive interpretation, especially in light of recent United States Supreme Court jurisprudence, was handed down despite growing concern about a corporate defendant’s federal rights under the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
Continue Reading Georgia Supreme Court Reaffirms Consent by Registration Theory of Personal Jurisdiction

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.
Continue Reading Personal Jurisdiction Over Foreign Corporation Asserted By Minnesota Court of Appeals

Map of Illinois.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.”

Continue Reading Illinois Reins in Exercise of Personal Jurisdiction over Out-of-State Defendants for Nonresidents’ Claims

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

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

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 | 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 | 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