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Talc-asbestos lawsuits to stay in Pa. courts because of corporate registration law

February 1, 2019 By Thomas Lamb

According to the ruling of a federal judge, Pennsylvania courts now have jurisdiction over [ talc-asbestos lawsuits ] because the defendant followed state law in registering to do business in the state.

On Wednesday, U.S. District Court for the Eastern District of Pennsylvania Judge Michael M. Baylson declared that Imerys Talc America, defendant in an action titled Youse & Youse v. Johnson & Johnson Et.Al, would be subject to the authority of the commonwealth’s court system.

The parties involved in the subject litigation each argued opposite points in an ongoing debate over whether Pennsylvania’s law for companies registered to do business in-state (which requires them to consent to jurisdiction here), stands in contradiction to recent U.S. Supreme Court decisions governing legal jurisdiction for companies headquartered or principally-based in other states.

Imerys is a Delaware-based company with its headquarters being located in both Roswell, Ga. and San Jose, Calif., and argued the business registration for Pennsylvania was its only contact and did not create jurisdiction.

[Article continues at original source]


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