Joshua D. Yeager and Tara C. O'Mahoney Secure Dismissal of German Manufacturer in Personal Injury Lawsuit in Illinois Federal Court

 
The United States District Court for the Northern District of Illinois recently dismissed a plaintiff’s claims against the firm’s client, a German manufacturer of injection molding machines. The plaintiff alleged that she was operating an injection molding machine at work when she suffered a crush injury and burns to her right hand.  The plaintiff asserted negligence and products liability claims against the German designer and manufacturer of the injection molding machine as well as a U.S. corporation that distributes and provides service for injection molding machines.  Josh and Tara effectively argued that the plaintiff’s service on an affiliated U.S. based corporation was not proper service of process on the German corporation, the German corporation lacked the requisite minimum contacts with the State of Illinois, and that there was no evidence to support the exercise of personal jurisdiction over it in this case.  The United States District Court for the Northern District of Illinois agreed, finding that the German corporation was not subject to personal jurisdiction, the court also agreed that service of process on an affiliated U.S. based corporation was not sufficient service of process on the German manufacturer.  As a result, the German manufacturer was dismissed from the case.