Jurisdictional Arguments to Delaware Supreme Court: Are Conditions Appropriate in Dismissal Orders i

Jurisdiction for toxic tort suits remains a “hot topic.”  A new example arises from oral argument in a Delaware Supreme Court case involving claims of disease in Argentine farm families. The suit was filed by well known US plaintiff firms against big tobacco entities.

The substantive issues go to whether an order of dismissal should be conditional in any way, according to a September 21, article in LAW360. For example, must defendant confirm it can be sued in the alternative jurisdictions it identified? Also, can/should there be conditions about statutes of limitations? In view of Delaware’s role in the corporate world, it will be especially interesting to see how they answer the questions.

The plaintiff firms are an interesting set for those of us in asbestos litigation. Per the article, “the farmers and their families are represented by Ian Connor Bifferato, Richard S. Gebelein and Thomas F. Driscoll III of The Bifferato Firm, Charles S. Siegel of Waters Kraus & Paul LLP,  Phillips Paolicelli LLP, and Thornton Law Firm.”

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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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