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Thomas M. DeMicco defends domestic and foreign manufacturers in product liability lawsuits on a national basis, with a focus on claims arising from fires and explosions. Tom’s extensive fire investigation experience is particularly valuable to the firm’s clients, many of which manufacture and distribute household kitchen appliances and consumer electronics.

As product liability defense counsel, we of course stay up to date on significant court decisions dealing with the defense of Personal Jurisdiction. In cases where we are representing a corporation that was not sued in its home state (i.e., the state where it maintains its headquarters or where it was incorporated), we always consider filing a potential motion to dismiss on behalf of the foreign corporation at the outset of the case. In a motion to dismiss for lack of Personal Jurisdiction, the defense argues that it is not subject to the jurisdiction of the court where the action is filed, and therefore the “Forum Court” does not have the authority to render a decision or judgment that is binding on the foreign corporation, since it lacks the requisite jurisdiction. A jurisdictional motion to dismiss can be extremely powerful, and can protect a defendant from wrongfully being hauled into a court that is located outside of its home state and that does not have any connection to the issues that are in dispute in the lawsuit. Nonetheless, it also is important to carefully consider the prospects of raising this defense at the outset of the case, because the defense can be waived by a defendant, and in some instances, a defendant can consent to the Personal Jurisdiction of a foreign state.
Continue Reading NY’s Highest Court Issues Noteworthy Decision on the Limits of Personal Jurisdiction over Foreign Corporations

In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This case was granted certiorari by the Court in early December 2016. It has been briefed by both sides and is now set for argument to proceed on March 22, 2017. The question presented is whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) allows service of process by mail.

Continue Reading A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally

In a recent decision, the Circuit Court for Spotsylvania County, Virginia, found that OmegaFlex, a manufacturer of corrugated stainless steel tubing (CSST), which is used in residential gas supply systems, was entitled to the protection of Virginia’s statute of repose in a product liability lawsuit. The decision is significant because it is the second decision secured on behalf of OmegaFlex in Virginia proving that CSST gas piping is not within the meaning of the “equipment and machinery” exception to Virginia’s statute of repose. OmegaFlex secured its first dismissal on this issue in 2013 when the Circuit Court for the City of Richmond dismissed a product liability action filed against OmegaFlex − more than five years after its product was installed. In both actions, the courts have held that CSST gas piping is afforded the protection of Virginia’s statute of repose, thereby limiting the product liability exposure of manufacturers of CSST gas piping within the state of Virginia.

Continue Reading CSST Found to Be Ordinary Building Material under Virginia’s Statute of Repose – For a Second Time

Wheel chair in the hospital corridor. Wheel chair stands in the corridor of the hospital door.Product liability cases frequently involve severe and even catastrophic injuries.  As a result, product liability defense counsel and insurance adjusters must be familiar with the prospects for use of a special needs trust as a potential tool in the settlement of severe injury cases. Special needs trusts are frequently proposed as a component of the settlement of severe injury cases.

Continue Reading Using a Special Needs Trust in the Settlement of a Product Liability Lawsuit