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Business Registration Constitutes Consent to Jurisdiction in Pennsylvania
April/May 2019A federal district court held that under Pa. Stat. Ann. tit. 42, §5301, the registration of a business in Pennsylvania constitutes consent to jurisdiction in the state.
Carrie Youse used cosmetic talcum powder and also was exposed to the product through her family members. She was later diagnosed with mesothelioma caused by exposure to asbestos in the talcum powder. She sued Johnson & Johnson and Imerys Talc America, Inc., in Pennsylvania, alleging strict liability, negligence, breach of warranty, and misrepresentation. After moving for removal, Imerys moved to dismiss for lack of jurisdiction.
Denying the motion, the district court rejected the defendant’s argument that it had not consented to jurisdiction in Pennsylvania because its only contacts with the state were through its business registration. Citing case law, the court found that under Pa. Stat. Ann. tit. 42, §5301, business registration constitutes consent to jurisdiction in Pennsylvania. Thus, the court concluded, Imerys’s registration to do business in Pennsylvania justified establishing general personal jurisdiction, which may be asserted over a defendant even when the cause of action does not relate to the defendant’s contacts with the forum.
Citation: Youse v. Johnson & Johnson, 2019 WL 233884 (E.D. Pa. Jan. 16, 2019).
Plaintiff counsel: AAJ members Jason M. Hodrinsky, New York City; and Michael Rowe, Philadelphia.