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Judge Finds Registration In State Doesn’t Create
Personal Jurisdiction
Mealey's (December 04, 2015, 4:38 PM ET) -- EDWARDSVILLE, Ill. — A company’s registration to
do business and appointment of an agent in a state does not give a court personal jurisdiction
over it, a federal judge in Illinois held Nov. 4 (Nancy L. Surita and Rojelio Surita v. AM General
LLC, et al., No. 15-7164, N.D. Ill.).
(Opinion available. Document #01-151216-002Z.)
Nancy Surita, a resident at various times of Illinois and Kentucky, and Rojelio Surita filed suit in
the Cook County Circuit Court against numerous companies whose conduct allegedly exposed her
to asbestos.
Wisconsin Defendant
The Suritas claimed exposure while performing maintenance on personal vehicles and during
similar work while serving in the U.S. Army from 1990 to 1993. Nancy Surita allegedly contracted
mesothelioma as a result.
The case was removed to the U.S. District Court for the Northern District of Illinois.
Wisconsin-based defendant Blain Supply Inc. moved to dismiss the action.
Judge Charles P. Kocoras granted the motion. The Suritas make blanket statements that Blain
does business in Illinois, but provide no specifics supporting the claim, Judge Kocoras said.
Personal Jurisdiction
In response, the Suritas argue that Blain is subject to personal jurisdiction under the Illinois
long-arm statute because the company is registered to do business in the state and has an agent
in the state, Judge Kocoras said.
However, the Suritas’ support for this position relies on largely pre-Daimler AG v. Bauman
(–––U.S. ––––, 134 S.Ct. 746, 750 [2014]) precedent, Judge Kocoras said.
For personal jurisdiction, a defendant must purposefully avail itself of that jurisdiction, the injury
must arise from those activities and the jurisdiction must satisfy fair play and justice
considerations, Judge Kocoras said.
Here however, there are no allegations of contact in Illinois between Nancy Surita and Blain,
Judge Kocoras said. The company’s registration to do business in the state is insufficient for
jurisdictional purposes, Judge Kocoras said.
Gemma Galeoto of Simon, Greenstone, Panatier & Bartlett in Dallas and Robert Neil Wadington of
Robert N. Wadington & Associates in Chicago represent the Suritas. Michael D. Martinez of
Matushek, Nilles & Sinars in Chicago, represents Blain.
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