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Indiana Court of Appeals Tackles “Something More” in Personal Jurisdiction in Talc Litigation

After a mesothelioma-related death, plaintiffs sued several out-of-state talc manufacturers and affiliates in Indiana. Although the trial court found personal jurisdiction based on past product shipments to Indiana, the Court of Appeals reversed, holding that merely placing products into the stream of commerce—without additional conduct directed at Indiana—was insufficient to establish personal jurisdiction.

The Validity of Personal Jurisdiction Defenses: Two Different Cases, Two Different Conclusions by Illinois Appellate Courts

Since Daimler AG v. Bauman, personal jurisdiction analysis has continued to shift, with Illinois courts applying increasingly fact-specific scrutiny. Two recent appellate decisions—Higgins v. Blessing Hospital and Brody v. Hoch—illustrate the divide: one rejecting jurisdiction based on limited, indirect contacts, the other finding specific jurisdiction where out-of-state defendants intentionally directed tortious conduct into Illinois. Together, the cases underscore that post-Daimler, personal jurisdiction turns less on labels and more on the precise nature, direction, and consequences of a defendant’s forum-related conduct.

U.S. Supreme Court Rules Corporations Can Be Properly Sued in State Courts Wherever Registration Statutes Provide Jurisdiction

In a landmark 5-4 decision, the U.S. Supreme Court ruled that corporations can be sued in state courts where they do business, regardless of size or relevance to the plaintiff’s claim. This ruling from Mallory v. Norfolk Southern R. Co. raises significant questions about personal jurisdiction for out-of-state corporations. With dissenting opinions warning of potential overreach, this decision marks a pivotal moment in corporate law. Discover the details of this ruling.

Seventh Circuit Releases Two New Personal Jurisdiction Cases

The Seventh Circuit clarified Illinois personal jurisdiction over non-residents. In Sheehan, jurisdiction was denied where defendants’ actions occurred entirely outside Illinois. In NBC Properties, jurisdiction was upheld over a Chinese retailer that purposefully sold and shipped products to Illinois. Key factors are purposeful availment, connection to the claim, and fairness under due process.

Appellate Court Finds Lack of Jury Trial Insufficient Reason to Set Aside Judgment Due to Untimely Challenge

On March 25, 2022, the Illinois First District Appellate Court issued its opinion in Casteel v. Jiminez, affirming the dismissal of a petition filed under 735 ILCS 5/2-1401 to set aside a multimillion-dollar judgment. The court held that the petition was untimely and rejected the defendant’s argument that the judgment was void due to the absence of a jury trial on damages. Emphasizing that void judgments are limited to cases involving a lack of personal or subject matter jurisdiction, the court declined to recognize a new category of voidness and affirmed the circuit court’s judgment.

Challenging a Court’s Exercise of Personal Jurisdiction in Indiana

In a recent victory, HeplerBroom’s Indiana office successfully challenged a long-standing lawsuit by proving the court lacked personal jurisdiction over its client in an asbestos case. This significant ruling not only dismissed the case but also likely prevents future litigation against the client in Indiana. Understanding the nuances of personal jurisdiction—both specific and general—is crucial for defendants. With various strategies available to assert a lack of personal jurisdiction, including affirmative defenses and motions, navigating these legal waters can be complex yet essential for protecting one’s rights. Discover the key insights and strategies that can make a difference in your case.

Responding to Personal Jurisdiction Discovery after Daimler

When a corporate defendant is sued in a forum where it is neither incorporated nor has its principal place of business, preserving an objection to personal jurisdiction is critical. While plaintiffs may seek jurisdictional discovery, Illinois law and controlling precedent limit that inquiry to whether an “exceptional case” exists in which the defendant’s contacts render it essentially “at home” in the forum. Courts should resist broad discovery untethered to jurisdictional facts, and defendants should carefully balance the need to support a jurisdictional challenge against the risk of disclosing unnecessary information.

Illinois Supreme Court Analyzes Circumstances Where Illinois Courts May Obtain Jurisdiction Over Foreign Corporations

In a landmark decision, the Illinois Supreme Court ruled that a French company, SNFA, could be held liable in Illinois despite having no physical presence in the state. This case, stemming from a tragic helicopter crash, raises critical questions about jurisdiction and the “stream of commerce” doctrine. The court’s analysis reveals a split in legal interpretations, with implications for how foreign corporations engage in U.S. markets. As the majority affirms jurisdiction based on business relationships, dissenting opinions warn of potential overreach. Discover the nuances of this pivotal ruling and its impact on corporate accountability.