RRD Obtains Dismissal of Products Claim - Motion to Dismiss Granted in Asbestos Litigation

July 1, 2011

RRD partner Michael Ryan and associate William Wright recently obtained the dismissal of all claims against their client, an automotive parts manufacturer, in a significant asbestos products liability case. In the motion to dismiss, they argued that the Connecticut court lacked personal jurisdiction over the manufacturer, an out-of-state corporation, due to insufficient contacts with the state and due to insufficient service of process.

After extensive briefing and argument, the court found that the service of process issue was dispositive and granted the motion to dismiss. In particular, the court rejected the plaintiffs’ argument that delay in service is a “a technical, superficial flaw” and found that the plaintiffs’ failure to serve the complaint and return it to court within the time period required by the General Statutes deprived the court of jurisdiction over the defendant.