3rd Circuit Reverses Dismissal of Asbestos Claims, Says Defendants Waived Personal Jurisdiction Defenses

PHILADELPHIA –– The 3rd Circuit U.S. Court of Appeals has reversed the dismissal of three asbestos cases, finding that the defendants had, in fact, waived their personal jurisdiction defenses and had expressed their wish to proceed to trial in the Northern District of Ohio.

In the Aug. 18 opinion, the 3rd Circuit said that the defendants had expressed a willingness to litigate the underlying cases in Ohio and post-transfer filings confirmed the waiver of the lack of personal jurisdiction defense.

Plaintiffs Lionel Wilson, Joseph Braun, and Thomas Guiden filed asbestos-related lawsuits in the late 1980s in the Northern District of …