COA affirms dismissal for lack of personal jurisdiction

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The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.

In John V. Sebring v. Air Equipment and Engineering, Inc., Donaldson Co., Inc., William W. Meyer and Sons, Inc., Newton Conveyors, Inc. and Emerson Power Transmission Corp.,
02A05-1211-PL-566, John Sebring sued several companies, including Newton Conveyors Inc., after the dust collector he used at work at OmniSource in Fort Wayne severely injured several of his fingers. NCI, a Texas company that has its sole place of business in that state, made the screw conveyor that Donaldson Co. Inc. used to make the dust collector. Donaldson is incorporated under the laws of Delaware and has a plant in Kentucky.

NCI argued for dismissal because it doesn’t have any employees or facilities in Indiana, has not advertised in the state since 1993, has not had any sales reps in the area since 2003 and doesn’t have any ongoing business relationships with any Indiana residents.

As part of their analysis, the judges looked at the shipping process of the part, in which Donaldson arranged for and paid for it to be picked up in Texas and sent to Fort Wayne. They also cited several cases, including J. McIntyre Machinery Ltd v. Nicastro, 131 S. Ct. 2780 (2011), to affirm the dismissal of NCI for lack of personal jurisdiction.

“… all of NCI’s actions relating to this case took place within Texas, the decision to ship the product to Indiana was made by Donaldson, and Donaldson took responsibility for sending the product to Indiana. We cannot agree that NCI did 'something more' than placing the screw conveyor in the stream of commerce,” Judge Terry Crone wrote.


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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"