United States Third Circuit

In a products liability, negligence, and breach of warranty action, district court judgment is affirmed in part and vacated in part where: 1) the court properly dismissed defendant for lack of personal jurisdiction as plaintiff failed to establish that defendant had the requisite minimum contacts with the forum; but 2) the court erred in denying plaintiff's motion to transfer the case to Colorado, as plaintiffs established that a Colorado court could exercise general jurisdiction over defendant based on its direct contacts within the state or the conduct of its subsidiary as its agent. The case is remanded for further proceedings, including a determination as to whether such transfer to Colorado would be in the interest of justice and whether a severance is in order.

Appellate Information

• Argued 03/05/2009
• Decided 05/14/2009
• Published 05/14/2009

Judges

• Before:  BARRY and GREENBERG, Circuit Judges, and ACKERMAN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Anthony Tarricone, Joseph P. Musacchio, Kreindler & Kreindler LLP, Boston, MA, Center for Constitutional Litigation, P.C., Washington, DC, Sol H. Weiss, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, PC, Philadelphia, PA, for Plaintiffs-Appellants.


• For Appellees:
  
• Bruce J. Berman, (argued), McDermott Will & Emery LLP, Miami, FL, Jeffrey Baltruzak, Jeffrey A. Rossman, McDermott Will & Emery LLP, Chicago, IL, J. Bruce McKissock, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Defendant-Appellee Pilatus Aircraft Ltd.