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Robert E. Scott, Jr. and Marisa A. Trasatti, Semmes, Bowen & Semmes, Baltimore, MD, were granted a Motion to Dismiss for Lack of Personal Jurisdiction on behalf of a New York-based gasket fabricator in ten (10) asbestos personal injury cases advanced in Baltimore City. In these cases, the plaintiffs alleged that they were exposed to asbestos-containing gaskets in and outside of Maryland which were fabricated by the New York-based company, and sought to hold the company liable under claims of strict liability, negligence and breach of warranty. Following submission of motions papers, supplemental motions papers, two (2) jurisdictional depositions and written discovery limited to jurisdiction, on February 20, 2014, in a bench ruling during a telephonic hearing, the Honorable John M. Glynn granted the out-of-state fabricator’s Motion to Dismiss for Lack of Personal Jurisdiction. The fabricator never sold any asbestos-containing products in Maryland, and further, since the early 1990’s, it had only sold non-asbestos containing products to a manufacturer that had a storage facility in Maryland. Over a ten (10) year period, the fabricator’s sales in Maryland were less than six percent of its overall annual sales. The Court specifically noted during the hearing that the Defendant may have shipped product to a customer that had a warehouse in Maryland, but he did not find that nexus significant to justify exercising jurisdiction over the Defendant. 

Congratulations, Robert and Marisa!


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