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KJMSH&R Obtains Dismissals for Three Defendants in Benzene Exposure Case

November 2019
 

KJMSH&R obtained dismissals with prejudice for three of our clients in a toxic tort/chemical exposure case filed in the Philadelphia Court of Common Pleas. Plaintiff’s claims involved alleged exposures to benzene resulting in myelodysplastic syndrome. Defendants raised the lack of general and specific personal jurisdiction by preliminary objections, citing Daimler AG v. Bauman, 571 U.S. 117, 137 (2014) and its progeny, holding that a corporation is only at home for the purposes of general personal jurisdiction where it is incorporated and has it principal place of business. Our clients were foreign corporation with their principal places of business outside of the Commonwealth of Pennsylvania. The alleged exposures arose outside of Pennsylvania. Stephen Capriotti, Richard Walker, John Martin and Michael Pestrak collaborated on the briefs oral argument.