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Jerry Simon, Derek Ruzicka and Robert Stephens Obtain Dismissal Without Prejudice in Asbestos Personal Injury Claim

PS Partners: Jerry Simon and Derek Ruzicka

PS Associate:  Robert Stephens

We represented: St. Joe Company

 Venue: St. Louis City Circuit Court

Facts:

Plaintiffs Jerry & Cheryl Cozart filed a personal injury and product liability case in St. Louis City circuit court alleging that St. Joe Company, along with other defendants, exposed Mr. Cozart to asbestos during his employment. Plaintiff was diagnosed with lung cancer on December 7, 2011.

In reliance on the recent United States Supreme Court case of Daimler AG v. Bauman, 134 S. Ct. 746 (2014), Pitzer Snodgrass filed a Motion to Dismiss for Lack of Personal Jurisdiction. In Daimler, the Court held that, with respect to a corporation, the place of incorporation and principal place of business are paradigm bases for general jurisdiction.

St. Joe was neither incorporated in the State of Missouri, nor has it ever maintained its principal place of business in the State of Missouri.  Additionally, St. Joe has never maintained a registered agent in the State of Missouri.

Prior to the Hearing for St. Joe Company’s Motion to Dismiss, Plaintiffs conceded to the Motion to Dismiss and agreed to voluntarily dismiss St. Joe Company from this lawsuit.

Verdict:  Dismissal without prejudice

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