Lack of personal jurisdiction-
J&J’s Motion to reconsider order denying motion to dismiss and ”Preliminary Ojbections for lack of personal jurisdiction” [sic]
Filed June 30, 2017, reply date is july 17, 2017
The Ethcion law firm Drinker Biddle & Reath asked the Philadelphia court to reconsider its March 30th order that essentially allowed non-Pennsylaania resident plaintiffs to have their cases heard in the Philadelphia Court of Common pleas. J&J’s attorneys say they lack personal jurisdiction.
J&J points to a recent Supreme Copurt decision Bristol-Myers Squibb Co. v. Superior Court, 582 U.S. _, 2017 WL 2621322, as proof that the plaintiffs cannot satisfy their burden to prove the Philadelphia court is the proper jurisdiction.
The Supreme Court decision makes it clear that this court is not the right jurisdiction, “to hear claims by plaintiffs in this mass tort program who do not reside in the Commonwealth, were not implanted with an Ethicon pelvic mesh device in the Commonwealth, and did not suffer injuries or obtain relevant medicala treatment here.”
The defendants have no jurisdiction in Philadelphia either, says the firm for J&J, instead relying oon the lawyers’ choice to file suit there.
As a result the court should grant this Motion to Reconsider and dismiss the 91 cases J&J has identified as non-Pennsylvania residents for lack of jurisdiction.
Originally Secant has been included in the complaint. Secant is a company that knits the polypropylene filaments into mesh rolls used to make the Ethicon pelvic meshes. Secant claims to be immune from lawsuits under the Biomaterials Access Assurance Act and was dismissed with prejudice by the court on an order dated August 25, 2014.
In the Bristol-Myers Squib case, eight of the nine jurors agreed that a non resident could not bring an action in a court where the injuries or use of the drug did not occur, or the company is not headquartered.
To make its point, Ethicon attachest he appeals of Hammonds and Carlino, both out of state plaintiffs who were awarded $12.5 and $13.7 by the Philadelphia jury. ##