Federal Court Dismisses Defendants In Asbestos Case For Lack Of Personal Jurisdiction
From the Madison County Record
U.S. District Judge Staci M. Yandle dismissed five defendants in an asbestos wrongful death action for lack of personal jurisdiction, concluding that a mere presence in Illinois does not give the state jurisdiction.
In a Feb. 19 order out of the U.S. District Court for the Southern District of Illinois, Yandle granted motions to dismiss filed by defendants BASF Corporation, Exxon Mobile Corporation, NIBCO Inc., Valero Energy Corporation and Clow Corporation.
Plaintiff Billie Denton, individually and as special administrator for the estate of decedent Robert F. Denton, originally filed his lawsuit in Madison County Circuit Court in October 2013. It was removed to federal court in December 2013.
Denton alleges the decedent served in the U.S. Navy from 1944 until 1947 and was exposed to asbestos-containing products manufactured by the defendants or while working for the defendants.
Yandle wrote that the plaintiff failed to allege facts indicating the decedent’s injuries arose from the defendants’ connections to Illinois.
Denton, on the other hand, argued that the court should maintain jurisdiction because of its “substantial, continuous and systematic contacts” with Illinois, including a manufacturing location and businesses.
Yandle was not convinced. She explained that an Illinois district court must determine whether the defendant’s contact with the state is appropriate, ensuring that maintenance of the suit does not offend “traditional notions of fair play and substantial justice.”
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From the Madison County Record
U.S. District Judge Staci M. Yandle dismissed five defendants in an asbestos wrongful death action for lack of personal jurisdiction, concluding that a mere presence in Illinois does not give the state jurisdiction.
In a Feb. 19 order out of the U.S. District Court for the Southern District of Illinois, Yandle granted motions to dismiss filed by defendants BASF Corporation, Exxon Mobile Corporation, NIBCO Inc., Valero Energy Corporation and Clow Corporation.
Plaintiff Billie Denton, individually and as special administrator for the estate of decedent Robert F. Denton, originally filed his lawsuit in Madison County Circuit Court in October 2013. It was removed to federal court in December 2013.
Denton alleges the decedent served in the U.S. Navy from 1944 until 1947 and was exposed to asbestos-containing products manufactured by the defendants or while working for the defendants.
Yandle wrote that the plaintiff failed to allege facts indicating the decedent’s injuries arose from the defendants’ connections to Illinois.
Denton, on the other hand, argued that the court should maintain jurisdiction because of its “substantial, continuous and systematic contacts” with Illinois, including a manufacturing location and businesses.
Yandle was not convinced. She explained that an Illinois district court must determine whether the defendant’s contact with the state is appropriate, ensuring that maintenance of the suit does not offend “traditional notions of fair play and substantial justice.”
Read more in our daily News Update...