In
the case of Youse v. Johnson &
Johnson, No. 18-3578 (E.D. Pa. Jan. 16, 2019 Baylson, J.),
the court denied a Motion to Remand and denied a Motion to Dismiss filed by a
Defendant on jurisdictional grounds.
The
court ruled that general jurisdiction by consent may be established where a
Defendant’s only contact with Pennsylvania is the Defendant's registration within the state to
do business.
Judge
Baylson noted that, until the United States Supreme Court or the Third Circuit
Court of Appeals addresses the issues of general jurisdiction by consent or
registration, he was bound by existing Third Circuit precedent to deny the
motions at issue.
Anyone
wishing to review a copy of this case may click this LINK.
I
send thanks to Attorney James M. Beck of the Philadelphia office of the Reed
Smith law firm for bringing this case to my attention. Attorney Beck is also
the writer of the excellent Drug and Device Law blog.
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