Del. Court Declines to Dismiss Despite Limited Contacts With State

WILMINGTON, Del. - A Delaware judge has denied a defense motion to dismiss a workplace chemical exposure case for forum non conveniens despite defense assertions that evidence and witnesses to the alleged harm are in Arizona. Smith v. Freescale Semiconductor Inc., et al., No. 10C-07-273-JRJ (Del. Super. Ct.).

Superior Court Judge Jan R. Jurden said in her Dec. 13 decision that defendants failed to state with particularity why litigating in Delaware would be an "overwhelming hardship and inconvenience."

Kevin Smith alleges in a lawsuit filed in Delaware Superior Court that his exposure to chemicals while employed at Freescale Semiconductor Inc. …