Friday, May 22, 2020

Motion to Dismiss Granted in Products Case Based on Jurisdictional Issues


In the case of Winters v. Akzo Nobel Surface Chemistry, LLC, No. 19-5398 (E.D. Pa. April 27, 2020 Schmehl, J.), the court granted a Motion to Dismiss filed by a product manufacturer on the basis that the manufacturer was not subject to personal jurisdiction in Pennsylvania. 

In its decision, the court ruled that the Plaintiff could not rely upon a stream of commerce argument as a basis for specific jurisdiction.

The court also noted that the Plaintiff’s efforts to establish jurisdiction under Pennsylvania long-arm statute did not prevail. 

The court also held that jurisdiction may not be based upon a Defendant entering into contracts with Pennsylvania companies, since third party contacts are not relevant to the issue of personal jurisdiction. 

The court additionally held that an unrelated office of the Defendant located in Pennsylvania did not suffice to serve as a relevant contact. 

The court granted the Motion to Dismiss and severed the action against the product manufacturer and transferred that part of the case to Delaware, where that manufacturer was incorporated. 

Anyone wishing to review a copy of this decision 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.

No comments:

Post a Comment