In the case of Montgomery v. Bobst Mex SA, No. 24-367 (E.D. Pa. Dec. 13, 2024 Arteaga, Mag. J.), the court granted a Motion to Dismiss based upon jurisdictional issues. More specifically, the court found that the Defendant, which was a Swiss corporation, was not subject to personal jurisdiction in Pennsylvania.
According to the Opinion, the Defendant sold all of its products, including the one that allegedly injured the Plaintiff, to a New York sole distributor. There was no evidence that the Defendant directed any of its activities at or in Pennsylvania.
The court noted that the record otherwise confirmed that there was no direct contacts by the Defendant in Pennsylvania.
Moreover, the court noted that any subsequent sales in the United States was at the discretion of the sole distributor in New York, with no direction being provided to that distributor by the Swiss corporation Defendant.
Although the Swiss Defendant allegedly had knowledge of Pennsylvania end-users of the product, the court found that evidence in this regard, without more, was insufficient to establish specific jurisdiction.
In the end, the federal court found that, without evidence of a strong relationship between the Defendant, the forum, and the litigation, the court could not exercise specific jurisdiction over that Swiss corporation as a Defendant. Accordingly, the Defendant’s Motion to Dismiss was granted.
Anyone wishing to review a copy of this decision may click this LINK. The court’s companion Order can be viewed HERE.
I send thanks to Attorney James M. Beck of the Philadelphia office of Reed Smith law firm for bringing this case to my attention.