Wednesday, April 7, 2021

Jurisdiction Challenge Rejected Given that Defendant Company Was Registered in Pennsylvania as of the Date the Claim Was Filed

In the exposure to asbestos case of Data v. AO Smith Corp., No. 2:19-CV-00879-CRE (W.D. Pa. Feb. 11, 2021 Eddy, Mag. J.), a federal magistrate judge issued a Report and Recommendation it which it was recommended that the District Court deny a Defendant’s Motion to Dismiss the case based upon jurisdictional arguments.

The court ruled that Pennsylvania’s statute imposes general jurisdiction on all companies registering to do business in Pennsylvania is constitutional.

Notably, the court ruled that jurisdiction exists over a Defendant even for causes of action that arose prior to Defendant's registration in Pennsylvania as a foreign company so long as the corporation is so registered as of the time the lawsuit is filed.

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.

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