Placeholder canvas
Date: April 29, 2021

Foley & Mansfield Partner Eddie Medina Obtains Federal Court Order of Dismissal on behalf of Equipment Manufacturer on Personal Jurisdiction Grounds post-Ford

by foleyandmansfield
Date: April 29, 2021
by foleyandmansfield

Foley & Mansfield Partner Eddie Medina Obtains Federal Court Order of Dismissal on behalf of Equipment Manufacturer on Personal Jurisdiction Grounds post-Ford

Placeholder canvas

Foley & Mansfield attorney Eddie Medina obtained a dismissal on behalf of an equipment manufacturer in a federal lung cancer case brought by a plaintiff alleging that he was exposed to asbestos from equipment he worked with during his service in the Navy. Defendant had filed a motion to dismiss for lack of personal jurisdiction, arguing that Plaintiff’s claims were not sufficiently related to the defendant’s contacts with the State of Florida.

Judge William F. Jung of the United States District Court for the Middle District of Florida (Tampa Division) granted our client’s motion to dismiss on the basis that the exercise of specific personal jurisdiction over it would violate federal due process requirements. In granting Defendant’s motion to dismiss, Judge Jung ruled that the defendant’s activities in Florida, including managing fuel tank lines in Florida airports and having an event-organizing business operating in the state, do not relate to Plaintiff’s claims of asbestos exposure and therefore are not sufficient to trigger specific personal jurisdiction over it.

The District Court’s ruling was particularly significant in light of the U.S. Supreme Court’s recent opinion in Ford Motor Co. v. Montana Eighth Judicial District, 141 S. Ct. 1017 (2021). In Ford, the Supreme Court held that personal jurisdiction was present because Ford Motor Co. had contacts with the forum states that were sufficiently related to the plaintiffs’ claims insofar as Ford had advertised, sold, and serviced cars in the forum states for many years, including the car models that plaintiffs drove during their accidents. Judge Jung, applying Ford to Defendant’s motion to dismiss, held that what was missing in this matter was proof of “a strong relationship among the defendant, the forum, and the litigation – the essential foundation of specific jurisdiction.”

This decision is yet another important contribution to the law of personal jurisdiction in Florida as it builds on successful personal jurisdiction challenges Foley & Mansfield mounted in Florida’s Third District Court of Appeal (link to 12/12/18 FM news release “F & M Miami Mounts Another Successful Appeal on Personal Jurisdiction”) and Fourth District Court of Appeal (link to 8/9/18 FM news release “Miami Team Mounts Successful Personal Jurisdiction Appeal”), and does so in the wake of the Supreme Court’s consequential Ford decision.

The case is titled Norman Israel v. Advance Auto Parts, Inc., United States District Court Middle District of Florida (Tampa Division) Case No. 8:20-cv-2133-WFJ-AAS.

Amended FRE 702 Creates Path for Expert Challenges in Talc Litigation

A recent update to the federal rules governing the use of expert testimony/evidence in federal court will widely impact how scientific and medical evidence is presented to juries in federal matters, including talcum powder litigation. With the change to Rule 702 of the Federal Rules of Evidence (“FRE 702”), defendants […]

LEARN MORE

Summarizing “ILR Briefly: The Asbestos Over-Naming and Trust Transparency Problem: A Philadelphia Case Study”

Introduction Asbestos litigation has become a cornerstone of the American legal landscape, spanning over four decades, and involving more than a million individual personal injury claims across state and federal courts. In 2012, a commentary titled “The Philadelphia Story: Asbestos Litigation, Bankruptcy Trusts, and Changes in Exposure Allegations from 1991-2010” […]

LEARN MORE

Minnesota Legislature Seeks to Change Newly Effective Earned Safe and Sick Time Law

By now, employers should be familiar with and implementing (if applicable) Minnesota’s Earned Safe and Sick Time law (“ESST”) that took effect on January 1, 2024. ESST is paid leave that an employee may use when they or a family member are sick, need to see a doctor or medical […]

LEARN MORE