North Carolina Courts Adopts Recommendation, Rejects Asbestos Defendant’s Challenges to Personal Jurisdiction

ASHEVILLE, N.C. –– A North Carolina federal court has adopted a report and recommendation that rejected asbestos defendant Higbee Inc.’s challenges to personal jurisdiction, ruling that the plaintiffs’ allegations were sufficient to overcome the motion to dismiss.

In the March 26 order, the U.S. District Court for the Western District of North Carolina opined that the plaintiffs’ claims went beyond the simple declaration that Higbee’s products were present in the state.

The plaintiffs asserted the claims on behalf of Frank Vernon Miller, whose exposure to asbestos-containing products allegedly led him to develop mesothelioma.

Defendant Higbee moved to dismiss …