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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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