The Denton, Air & Liquid, Asbestos & Mesothelioma case documents what many Navy veterans, oil refinery workers and others may face today – past potential direct and secondary exposure to asbestos and mesothelioma. The court ruled: the Court grants the motion.
A brief summary of the facts include:
- Plaintiff alleges decedent Robert F. Denton (“Decedent”) was exposed to and inhaled, ingested or otherwise absorbed large amounts of asbestos fibers from products manufactured, sold, distributed, or installed by Exxon. Plaintiff alleges no facts indicating Decedent’s injuries arose from Exxon’s activities in Illinois.
- Exxon filed the instant motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(2) arguing this Court lacks personal jurisdiction and 12(b)(6) arguing Plaintiff has failed to state a claim.
- Because the Court concludes it lacks personal jurisdiction over Exxon, it need not address Exxon’s Rule 12(b)(6) argument.
- In her response, Plaintiff concedes that Decedent did not work with Exxon’s products in Illinois.
- Plaintiff, however, argues that jurisdiction exists because Exxon has “substantial contacts with the state of Illinois,” including the maintenance and operation of the Joliet Refinery in Channahon, Illinois.
To find out more on the case, see Case No. 13-cv-1243-SMY-DGW – February 19, 2015.
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