Kalama v. Matson Navigation Co.

In the 1980s, merchant marine plaintiffs filed asbestos-liability suits against ship-owner and manufacturer defendants in the Northern District of Ohio. That court ruled, in 1989, that it lacked personal jurisdiction over many of the defendants. Instead of dismissing those defendants, the court stated that if a defendant did not wish to be transferred, it could “waive the in personam jurisdiction problem” by filing an answer. Some did so. In 1990, the court ordered the transfer of some cases to scattered venues. Those transfers did not occur. Certain defendants sought to appeal the order, specifically stating that they did not waive jurisdiction. The court did not certify the interlocutory appeal. Eventually, the cases were consolidated into multidistrict litigation in the Eastern District of Pennsylvania. Certain defendants objected, arguing that they had been “strong-armed” into submitting to Ohio jurisdiction. The Pennsylvania court held that the N.D. of Ohio lacked personal jurisdiction over the relevant defendants and that those defendants had not waived or forfeited their personal jurisdiction defense. Thousands of parties were dismissed. Ten plaintiffs appealed the Pennsylvania’s decision as to 19 defendants. The Sixth Circuit affirmed. The Pennsylvania district court did not abuse its discretion in holding that the ship-owner defendants had not waived their personal jurisdiction defense by filing answers in the N.D. of Ohio and had no authority to transfer the cases to jurisdictions that did have jurisdiction. View "Kalama v. Matson Navigation Co." on Justia Law