R.I. Court: Asbestos Defendant’s Active Conduct Constitutes Forfeiture of Lack of Personal Jurisdiction Defense

PROVIDENCE, R.I. –– A Rhode Island court has denied Dana Companies’ motion to dismiss an asbestos suit for lack of personal jurisdiction, ruling that the defendant forfeited the defense when it became an active participation in the proceedings for years.

In the May 2 opinion, the Rhode Island Superior Court found that the defendant’s conduct was inconsistent with its position that the court lacked personal jurisdiction over them.

The plaintiffs filed the underlying asbestos-related complaint on behalf of Robert Bazor in July 2010. Dana Companies was named as a defendant in the suit and was both present at Bazor’s Sept. …