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Clyde & Co wins appeal on personal jurisdiction issue

  • Legal Development 24 July 2019 24 July 2019
  • Americas

  • Insurance & Reinsurance

On June 4, 2019 the Appellate Division of the Supreme Court of the State of New York (First Department) affirmed a decision of Judge Manuel Mendez, which had granted defendant Dykes Lumber Co., Inc.'s motion to dismiss plaintiffs' Complaint for lack of personal jurisdiction. Plaintiff had been diagnosed with mesothelioma and sued a number of companies, including Dykes Lumber Co., in connection with same, claiming that products manufactured or sold by them caused her to develop the disease. Clyde & Co secured a dismissal of the case for Dykes Lumber Co. on the basis that it was a New Jersey company and plaintiff's claimed exposure to products sold by it only occurred in New Jersey. Aston's counsel argued that personal jurisdiction existed because defendant had done business in New York during the time of her alleged exposure, despite the fact that the products came from New Jersey and the alleged exposure took place there as well. The appeal was briefed and argued by Clyde & Co partner Peter Dinunzio – a copy of the decision can be found below.

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