No. 18-998

Sandra Waite, as Personal Representative of the Estate of John Waite, Jr. v. Union Carbide Corporation, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-01-31
Status: Denied
Type: Paid
Response Waived
Tags: asbestos asbestos-liability asbestos-litigation civil-procedure corporate-registration due-process forum-selection in-state-causation mesothelioma personal-jurisdiction product-liability products-liability specific-jurisdiction three-prong-test
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether the circuit court erred when it ignored the three-prong analysis the Court has repeatedly set forth for analyzing specific jurisdiction and, instead, applied a single-factor, plaintiff-specific in-state causation test to this asbestos products liability case

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the circuit court erred when it ignored the three-prong analysis the Court has repeatedly set forth for analyzing specific jurisdiction and, instead, applied a single-factor, plaintiff-specific in-state causation test to this asbestos products liability case. II. Whether the circuit court erred in applying its in-state causation test when it defined the legal “injury” in this case not as Mr. Waite’s mesothelioma, but rather as his initial inhalation of asbestos. III. Whether, in return for granting the right to conduct intrastate business in the forum, a state may require a foreign corporation register for that right and consent to general jurisdiction in the forum.

Docket Entries

2019-03-25
Petition DENIED.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-26
Waiver of right of respondent Union Carbide Corporation to respond filed.
2019-01-29
Petition for a writ of certiorari filed. (Response due March 4, 2019)

Attorneys

Sandra Waite, in her capacity as the personal representative of the estate of John Waite, Jr.
Jonathan RuckdeschelThe Ruckdeschel Law Firm, Petitioner
Union Carbide Corporation
Matthew John ConigliaroCarlton Fields, P.A., Respondent