Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim, in this case, will be referred to as J.B.
When mesothelioma victims file a lawsuit to hold the responsible parties accountable, the defendants will employ every possible legal argument to avoid being held responsible. One strategy is to challenge the court’s jurisdiction, claiming that the case should be heard in a different state. That’s exactly what happened in a recent case involving J.B., an automotive consultant who unfortunately succumbed to mesothelioma in 2019. His family sued multiple companies they believed were responsible for his asbestos exposure, including American Honda Motor Co., Inc. and Nissan North America.
J.B. worked as an automotive consultant, frequently visiting auto dealerships in New York and Florida, where his family blames his exposure to asbestos-contaminated parts. When his family filed the lawsuit in New York, the two auto companies argued that the case should be dismissed from the New York court system. J.B.’s exposure to asbestos happened over many years, both in Florida from 1976 to 1986 and in New York in the 1990s. This is where the auto companies’ arguments stemmed from. They argued that because J.B. had spent more years exposed to asbestos in Florida than in New York, Florida courts should have jurisdiction over the case, making New York courts inappropriate to hear the case. However, Justice Adama Silvera of the Supreme Court of New York County denied their request, and the companies appealed the decision.
On appeal, the judges reviewed the auto companies’ argument. They acknowledged that J.B.’s exposure in Florida lasted longer and happened earlier. However, they ultimately ruled that the companies had no valid reason to claim New York lacked jurisdiction. The court pointed out that Honda and Nissan had actively conducted business in New York, meaning they had already accepted the authority of the state’s legal system and could, therefore, be sued there. Since J.B. had also been exposed to asbestos while working in New York, the court ruled that it was reasonable for his family to continue to pursue their case there.
In mesothelioma lawsuits, jurisdiction can significantly affect the case outcome. This is because different states have different laws on compensation. Some states are known for awarding higher settlements, while in others, there are damages caps limiting the amount of compensation to be awarded. This can make defendants push to move cases to jurisdictions where they believe they can avoid significant payouts. However, this may not always be the case as defendants may raise jurisdictional arguments, not necessarily to move a lawsuit but to have the case dismissed entirely via summary judgment. This strategy was evident in J.B.’s mesothelioma lawsuit, where American Honda Motor Co., Inc. and Nissan North America attempted to use jurisdictional claims to avoid liability altogether.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and help you live a more comfortable life.