MG+M Partner, Alexander Baker recently won a Motion to Dismiss for lack of Personal Jurisdiction in the Cook County, Illinois Circuit Court for MG+M’s client, a global leader in supply of dental equipment.
Plaintiff in this case was diagnosed with mesothelioma and alleged exposure from various materials he claimed to have handled while attending dental school at The Ohio State University in Columbus, Ohio. Plaintiff offered no evidence connecting his alleged exposure to the State of Illinois.
While Defendant initially objected to the court’s jurisdiction, Plaintiff argued Defendant had waived their personal jurisdiction defense after Defendant had participated in certain discovery and had filed supplemental pleadings and motions with the court. Baker argued Defendant had not waived their personal jurisdiction defense based on amended statutory language in Illinois related to a party’s objection to jurisdiction; and argued Plaintiff had misinterpreted this language. The court agreed that Defendant had not waived their personal jurisdiction defense, and that the court did not have jurisdiction over Defendant. The ruling is important in Cook County asbestos litigation as it establishes defendants can continue to participate in defense of their client without waiving their personal jurisdiction defense.
Alexander Baker briefed the argument in this case, and can be reached at email@example.com for more information.