Our plain-English summary of Hovsepian v. the Adel Wiggins Group (U.S. District Court, Eastern District of Missouri, November 7, 2016).
Berj Hovsepian sued seventy-eight defendants, alleging asbestos exposure caused his asbestosis (diagnosed 2012) and mesothelioma (diagnosed September 2015). He alleged exposure while working as a civilian Navy employee in Boston from 1958 to 1964 and at Polaroid in Cambridge from 1969 to 1997. The court noted that neither Hovsepian nor CBS Corporation was a Missouri citizen and that the case had no connection to Missouri. The court had earlier denied CBS's motion to dismiss for lack of personal jurisdiction, relying on a Missouri corporate registration statute and an Eighth Circuit decision, Knowlton. CBS asked the court to certify that ruling for immediate appeal. Hovsepian did not respond. The court found a controlling question of law but held that CBS had not shown substantial ground for difference of opinion. It cited only two in-circuit cases and a few out-of-circuit cases, and it found that an appeal would not materially advance the litigation. The motion was denied.
We wrote this summary from the court's opinion with the help of AI. It is not the court's wording, and it is not legal advice. The full opinion is below.
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The decision
- Court: U.S. District Court, Eastern District of Missouri
- Decided: November 7, 2016
- Docket: Case No. 4:16-CV-00414-CEJ
- Stage: Jurisdiction, venue or removal
- State: Missouri
Outcome. The court denied defendant CBS Corporation's motion to certify its personal-jurisdiction ruling for interlocutory appeal, so plaintiff Hovsepian prevailed on this motion.
What the court held. Interlocutory appeal under 28 U.S.C. § 1292(b) requires a controlling question of law, substantial ground for difference of opinion, and a materially advanced termination of the litigation. Two in-circuit district court cases and a few out-of-circuit cases do not establish substantial ground for difference of opinion.
Issues decided: Personal Jurisdiction, Trial Procedure and Discovery.
The people and their exposure
- Berj Hovsepian: asbestosis, mesothelioma
| Who | Work | Where | When | Products |
|---|---|---|---|---|
| Berj Hovsepian | civilian employee of the United States Navy | United States Navy, Boston, Massachusetts | 1958-1964 | |
| Berj Hovsepian | employed with Polaroid | Polaroid, Cambridge, Massachusetts | 1969-1997 |
The defendants
- CBS Corporation (manufacturer)
The court's opinion
The text below is Google Scholar's copy of the court's opinion, a public record. Numbers in brackets, such as [*921], mark where each page of the printed reporter begins.
BERJ HOVSEPIAN, Plaintiff,
v.
THE ADEL WIGGINS GROUP, etal., Defendants.
Case No. 4:16-CV-00414-CEJ.
November 7, 2016.
United States District Court, E.D. Missouri, Eastern Division.
Berj Hovsepian, Plaintiff, represented by Carson C. Menges, FLINT AND ASSOCIATES LLC.
Berj Hovsepian, Plaintiff, represented by Demetrious T. Zacharopoulos, WOLF AND ZACHAROPOULOS LLP, Erin Rafferty Burton, FLINT AND ASSOCIATES LLC, Jacob A. Flint, FLINT AND ASSOCIATES LLC & Timothy Paul Hulla, FLINT LAW FIRM, LLC.
Crane Co., Defendant, represented by Carl J. Geraci, HEPLER BROOM & Benjamin John Wilson, HEPLER BROOM. Air & Liquid Systems Corporation, Defendant, represented by Gregory C. Flatt, HEYL AND ROYSTER & Kent L. Plotner, HEYL AND ROYSTER.
ALFA Laval, Inc., Defendant, represented by Paul W. Lore.
Burnham Commerical Boilers, Defendant, represented by Trevor Alan Sondag, HINSHAW AND CULBERTSON. CBS Corporation, Defendant, represented by Daniel G. Donahue, FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin, FOLEY AND MANSFIELD, P.L.L.P..
Cleaver Brooks Inc., Defendant, represented by Timothy A. McGuire, O'CONNELL AND TIVIN, LLC.
Crown Cork & Seal Company Inc., Defendant, represented by Stephen J. Maassen, HOAGLAND AND FITZGERALD. Cummins, Inc., Defendant, represented by Nathan Asher Lindsey, RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris, RASMUSSEN AND DICKEY LLC.
Flowserve Corporation, Defendant, represented by Ashley E. Benoist, SEGAL AND MCCAMBRIDGE, LTD. FMC Corporation, Defendant, represented by Joseph Ryan Riegerix, SWANSON AND MARTIN, LLP.
Goulds Pumps, Inc., Defendant, represented by Julia Yasmin Tayyab, MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Honeywell International Inc., Defendant, represented by Anthony L. Springfield, POLSINELLI PC.
Ingersoll-Rand Company, Defendant, represented by Scott R. Hunsaker, TUCKER ELLIS LLP.
John Crane, Inc., Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
JP Bushnell Packing Supply Company, Inc., Defendant, represented by Douglas Michael Sinars, SINARS AND ROLLINS, LLC.
Kaiser Gypsum Company, Inc., Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Lamons Gasket Company, Defendant, represented by Paul B. Lee, NELSEN & LEE, P.C. & Leo W. Nelsen, Jr., NELSEN & LEE, P.C..
Maremont Corporation, Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra, GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Defendant, represented by Charles L. Joley, JOLEY AND OLIVER & Georgiann Oliver, JOLEY AND OLIVER.
Paccar, Inc., Defendant, represented by Earl B. Thames, HAWKINS AND PARNELL, LLP, Gregory Douglas DeBeer, HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Defendant, represented by Matthew E. Pelikan, WILLIAMS AND VENKER, LLC, Ross S. Titzer, WILLIAMS AND VENKER, LLC & Thomas L. Orris, WILLIAMS AND VENKER, LLC.
Utility Trailer Manufacturing Company, Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Crane Co., Cross Claimant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. CBS Corporation, merger to CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P..
CBS Corporation, Cross Defendant, represented by Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P.. Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Ingersoll-Rand Company, Cross Claimant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON.
CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Georgia Pacific, LLC, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
J.R. Clarkson Company, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP. JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Motion Control Industries, Inc., Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ.
Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Taco, Inc., Cross Defendant, represented by Benjamin Daniel Woodard, STINSON AND LEONARD LLP, Jon A. Santangelo, STINSON AND LEONARD LLP & Neal B. Griffin, STINSON AND LEONARD LLP.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Lamons Gasket Company, Cross Claimant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Georgia Pacific, LLC, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
J.R. Clarkson Company, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP. JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Motion Control Industries, Inc., Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Burnham Commerical Boilers, Cross Claimant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
J.R. Clarkson Company, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP. JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Motion Control Industries, Inc., Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Goulds Pumps, Inc., Cross Claimant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Autozone, Inc., Cross Defendant, represented by Beth Kamp Veath, BROWN AND JAMES, P.C..
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Bridgestone Americas Tire Operations, LLC, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Bridgestone Americas, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Carrier Corporation, Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ.
Caterpillar, Inc., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Certain-Teed Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Continental Teves, Inc.., Cross Defendant, represented by Richard William Wiese, SEGAL AND MCCAMBRIDGE, LTD. Conwed Corporation, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Daimler Trucks North America LLC, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Dow Chemical Company, The, Cross Defendant, represented by Jeffrey T. Bash, LEWIS AND BRISBOIS, LLP & Justin S. Zimmerman, LEWIS AND BRISBOIS, LLP.
Eaton Corporation, Cross Defendant, represented by J. Todd Applegate, PITZER SNODGRASS, P.C..
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Foster Wheeler Energy Corporation, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON.
General Electric Company, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie,
ARMSTRONG TEASDALE LLP.
General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Goodyear Tire and Rubber Company, The, Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Grinnell, LLC, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP.
Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
ITT Corporation, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP.
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
J.R. Clarkson Company, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP. JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelly Moore Paint Company, Cross Defendant, represented by William C. Foote, FOLEY AND MANSFIELD, P.L.L.P.. Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Lufkin Industries, Inc., Cross Defendant, represented by John P. Cunningham, BROWN AND JAMES, P.C. & Melvin Tucker Blaser, BROWN AND JAMES, P.C..
Mack Trucks Inc, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON. Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Motion Control Industries, Inc., Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. PPG Architectural Finishes, Inc., Cross Defendant, represented by Robert Jacob Hurtt, Jr., HUSCH BLACKWELL, LLP & Steven B. Beshore, HUSCH BLACKWELL, LLP.
Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Riley Power, Inc., Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Sprinkmann Sons Corporation, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON. Trane US, Inc., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Union Carbide Corporation, Cross Defendant, represented by Jeffrey T. Bash, LEWIS AND BRISBOIS, LLP & Justin S. Zimmerman, LEWIS AND BRISBOIS, LLP.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Western Auto Supply Company, Cross Defendant, represented by Marcie J. Vantine, SWANSON AND MARTIN, LLP. Whitney Automotive Group Inc., Cross Defendant, represented by Stephanie M. Galetti, GUNTY AND MCCARTHY. Cleaver Brooks Inc., Cross Claimant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Caterpillar, Inc., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Eaton Corporation, Cross Defendant, represented by J. Todd Applegate, PITZER SNODGRASS, P.C..
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Georgia Pacific, LLC, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD.
Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Taco, Inc., Cross Defendant, represented by Benjamin Daniel Woodard, STINSON AND LEONARD LLP, Jon A. Santangelo, STINSON AND LEONARD LLP & Neal B. Griffin, STINSON AND LEONARD LLP.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Air & Liquid Systems Corporation, Cross Claimant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Autozone, Inc., Cross Defendant, represented by Beth Kamp Veath, BROWN AND JAMES, P.C..
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Bridgestone Americas Tire Operations, LLC, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Bridgestone Americas, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Carrier Corporation, Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ.
Caterpillar, Inc., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Certain-Teed Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Continental Teves, Inc.., Cross Defendant, represented by Richard William Wiese, SEGAL AND MCCAMBRIDGE, LTD. Conwed Corporation, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Daimler Trucks North America LLC, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Dow Chemical Company, The, Cross Defendant, represented by Jeffrey T. Bash, LEWIS AND BRISBOIS, LLP & Justin S. Zimmerman, LEWIS AND BRISBOIS, LLP.
Eaton Corporation, Cross Defendant, represented by J. Todd Applegate, PITZER SNODGRASS, P.C..
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Foster Wheeler Energy Corporation, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON.
General Electric Company, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie,
ARMSTRONG TEASDALE LLP.
General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Goodyear Tire and Rubber Company, The, Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Grinnell, LLC, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP.
Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. ITT Corporation, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP.
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
J.R. Clarkson Company, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP. JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelly Moore Paint Company, Cross Defendant, represented by William C. Foote, FOLEY AND MANSFIELD, P.L.L.P.. Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Lufkin Industries, Inc., Cross Defendant, represented by John P. Cunningham, BROWN AND JAMES, P.C. & Melvin Tucker Blaser, BROWN AND JAMES, P.C..
Mack Trucks Inc, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON. Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Motion Control Industries, Inc., Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. PPG Architectural Finishes, Inc., Cross Defendant, represented by Robert Jacob Hurtt, Jr., HUSCH BLACKWELL, LLP & Steven B. Beshore, HUSCH BLACKWELL, LLP.
Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Riley Power, Inc., Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Sprinkmann Sons Corporation, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON. Trane US, Inc., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Union Carbide Corporation, Cross Defendant, represented by Jeffrey T. Bash, LEWIS AND BRISBOIS, LLP & Justin S. Zimmerman, LEWIS AND BRISBOIS, LLP.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Warren Pumps, LLC, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
Western Auto Supply Company, Cross Defendant, represented by Marcie J. Vantine, SWANSON AND MARTIN, LLP. Whitney Automotive Group Inc., Cross Defendant, represented by Stephanie M. Galetti, GUNTY AND MCCARTHY. Young Group Ltd., Cross Defendant, represented by Benjamin Daniel Woodard, STINSON AND LEONARD LLP & Jon A. Santangelo, STINSON AND LEONARD LLP.
Young Insulation Group of St. Louis, Inc., Cross Defendant, represented by Benjamin Daniel Woodard, STINSON AND LEONARD LLP & Jon A. Santangelo, STINSON AND LEONARD LLP.
Warren Pumps, LLC, Cross Claimant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie, ARMSTRONG TEASDALE LLP.
ALFA Laval, Inc., Cross Defendant, represented by Paul W. Lore.
Air & Liquid Systems Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Autozone, Inc., Cross Defendant, represented by Beth Kamp Veath, BROWN AND JAMES, P.C..
Borg-Warner Morse TEC LLC, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Lizabeth M. Conran, GREENSFELDER AND HEMKER, PC & Michael C. Pagan, GREENSFELDER AND HEMKER, PC. Bridgestone Americas Tire Operations, LLC, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Bridgestone Americas, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Burnham Commerical Boilers, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & Michael R. Dauphin,FOLEY AND MANSFIELD, P.L.L.P..
Carrier Corporation, Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ.
Caterpillar, Inc., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Certain-Teed Corporation, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Cleaver Brooks Inc., Cross Defendant, represented by Timothy A. McGuire,O'CONNELL AND TIVIN, LLC. Continental Teves, Inc.., Cross Defendant, represented by Richard William Wiese, SEGAL AND MCCAMBRIDGE, LTD. Conwed Corporation, Cross Defendant, represented by Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Crane Co., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM. Crown Cork & Seal Company Inc., Cross Defendant, represented by Stephen J. Maassen,HOAGLAND AND FITZGERALD. Cummins, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Daimler Trucks North America LLC, Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Dow Chemical Company, The, Cross Defendant, represented by Jeffrey T. Bash, LEWIS AND BRISBOIS, LLP & Justin S. Zimmerman, LEWIS AND BRISBOIS, LLP.
Eaton Corporation, Cross Defendant, represented by J. Todd Applegate, PITZER SNODGRASS, P.C..
Federal Mogul Asbestos Personal Injury Trust, Cross Defendant, represented by Jennifer M. Valentino, KUROWSKI SCHULTZ, LLC & Lindsay A. Dibler, KUROWSKI SCHULTZ.
Flowserve Corporation, Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Foster Wheeler Energy Corporation, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON.
General Electric Company, Cross Defendant, represented by Anita Maria Kidd, ARMSTRONG TEASDALE, LLP, Julie Fix Meyer, ARMSTRONG TEASDALE LLP, Melanie R. King, ARMSTRONG TEASDALE LLP & Raymond R. Fournie,
ARMSTRONG TEASDALE LLP.
General Gasket Corporation, Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Georgia Pacific, LLC, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Goodyear Tire and Rubber Company, The, Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. Goulds Pumps, Inc., Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP & Trevor Alan Sondag,HINSHAW AND CULBERTSON.
Greene Tweed & Co Inc., Cross Defendant, represented by Ashley E. Benoist,SEGAL AND MCCAMBRIDGE, LTD. Grinnell, LLC, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP.
Honeywell International Inc., Cross Defendant, represented by Anthony L. Springfield,POLSINELLI PC. IMO Industries, Inc., Cross Defendant, represented by Matthew R. Fields, JACOBSON AND PRESS, P.C. & Matthew David Bigham, JACOBSON AND PRESS, P.C..
ITT Corporation, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP.
Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
J.R. Clarkson Company, Cross Defendant, represented by Julia Yasmin Tayyab,MORGAN AND LEWIS, LLP. JP Bushnell Packing Supply Company, Inc., Cross Defendant, represented by Douglas Michael Sinars,SINARS AND ROLLINS, LLC.
John Crane, Inc., Cross Defendant, represented by Agota Peterfy, BROWN AND JAMES, P.C. & Albert J. Bronsky, BROWN AND JAMES, P.C..
Kaiser Gypsum Company, Inc., Cross Defendant, represented by Nathan Asher Lindsey,RASMUSSEN AND DICKEY LLC & Virginia M. Giokaris,RASMUSSEN AND DICKEY LLC.
Kelly Moore Paint Company, Cross Defendant, represented by William C. Foote, FOLEY AND MANSFIELD, P.L.L.P.. Kelsey Hayes Co., Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC, Edward S. Bott, Jr., GREENSFELDER AND HEMKER, PC & Shannon R. Summers, GREENSFELDER AND HEMKER PC.
Lamons Gasket Company, Cross Defendant, represented by Paul B. Lee,NELSEN & LEE, P.C. & Leo W. Nelsen, Jr.,NELSEN & LEE, P.C..
Lufkin Industries, Inc., Cross Defendant, represented by John P. Cunningham, BROWN AND JAMES, P.C. & Melvin Tucker Blaser, BROWN AND JAMES, P.C..
Mack Trucks Inc, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON.
Maremont Corporation, Cross Defendant, represented by Andrew M. Voss, GREENSFELDER AND HEMKER, PC & David W. Ybarra,GREENSFELDER AND HEMKER PC.
Metropolitan Life Insurance Company, Cross Defendant, represented by Charles L. Joley,JOLEY AND OLIVER & Georgiann Oliver,JOLEY AND OLIVER.
Motion Control Industries, Inc., Cross Defendant, represented by Lindsay A. Dibler, KUROWSKI SCHULTZ. PPG Architectural Finishes, Inc., Cross Defendant, represented by Robert Jacob Hurtt, Jr., HUSCH BLACKWELL, LLP & Steven B. Beshore, HUSCH BLACKWELL, LLP.
Paccar, Inc., Cross Defendant, represented by Earl B. Thames,HAWKINS AND PARNELL, LLP & Jacob A. Flint,FLINT AND ASSOCIATES LLC.
Pneumo Abex Corporation, Cross Defendant, represented by Matthew E. Pelikan,WILLIAMS AND VENKER, LLC, Ross S. Titzer,WILLIAMS AND VENKER, LLC & Thomas L. Orris,WILLIAMS AND VENKER, LLC.
Riley Power, Inc., Cross Defendant, represented by Gregory C. Flatt,HEYL AND ROYSTER & Kent L. Plotner,HEYL AND ROYSTER.
Sprinkmann Sons Corporation, Cross Defendant, represented by Robert Drake Andrekanic, CRIVELLO AND CARLSON. Taco, Inc., Cross Defendant, represented by Benjamin Daniel Woodard, STINSON AND LEONARD LLP, Jon A. Santangelo, STINSON AND LEONARD LLP & Neal B. Griffin, STINSON AND LEONARD LLP.
Trane US, Inc., Cross Defendant, represented by Carl J. Geraci,HEPLER BROOM & Benjamin John Wilson,HEPLER BROOM.
Union Carbide Corporation, Cross Defendant, represented by Jeffrey T. Bash, LEWIS AND BRISBOIS, LLP & Justin S. Zimmerman, LEWIS AND BRISBOIS, LLP.
Utility Trailer Manufacturing Company, Cross Defendant, represented by Daniel G. Donahue,FOLEY AND MANSFIELD, P.L.L.P. & William C. Foote, FOLEY AND MANSFIELD, P.L.L.P..
Western Auto Supply Company, Cross Defendant, represented by Marcie J. Vantine, SWANSON AND MARTIN, LLP. Whitney Automotive Group Inc., Cross Defendant, represented by Stephanie M. Galetti, GUNTY AND MCCARTHY. Young Group Ltd., Cross Defendant, represented by Benjamin Daniel Woodard, STINSON AND LEONARD LLP & Jon A. Santangelo, STINSON AND LEONARD LLP.
Young Insulation Group of St. Louis, Inc., Cross Defendant, represented by Benjamin Daniel Woodard, STINSON AND LEONARD LLP & Jon A. Santangelo, STINSON AND LEONARD LLP.
MEMORANDUM AND ORDER
CAROL E. JACKSON, District Judge.
This matter is before the Court on the motion of defendant CBS Corporation (CBS) to amend its Order denying CBS' motion to dismiss [Doc. #277], and grant certification of an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). Plaintiff has not responded in opposition, and the time permitted for doing so has expired.
I. Background
Plaintiff was a civilian employee of the United States Navy from 1958 until 1964, in Boston, Massachusetts. [Doc. #1-1 at ¶ 1]. He was also "employed with Kambien" from 1966 until 1969 and "employed with Polaroid" from 1969 until 1997, in Cambridge, Massachusetts. Id. "During the course of [his] employment at [those] locations. . ., during non-occupational work projects and/or in other ways, [he] was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers and/or
asbestiform fibers emanating from certain products [he] was working with and around[,] which were manufactured, sold, distributed or installed by the [d]efendants." Id. ¶ 2. Plaintiff alleges he was "first exposed to and inhaled, ingested or otherwise absorbed asbestos fibers and/or asbestiform fibers emanating from certain products [he] worked with or around outside the State of Missouri. . . ." Id. ¶ 3. The asbestos-containing products at issue were allegedly manufactured, sold, distributed or installed by the defendants. In 2012, plaintiff was diagnosed with asbestosis. On September 15, 2015, he was diagnosed with "asbestos-related" mesothelioma. Id. ¶ 4. Plaintiff alleges that his illness was caused by exposure to the defendants' products.
The complaint names seventy-eight defendants. Plaintiff contends that defendants are "amenable to suit in the State of Missouri by reason [of] having sold, distributed and/or installed the aforementioned asbestos-containing products in Missouri or by reason of having placed the same into the stream of commerce for use in Missouri, and by reason of having committed a tortious act against [p]laintiff in Missouri." Id. ¶ 7. Neither plaintiff nor defendant CBS is a citizen of Missouri, and this litigation concededly has no connection to Missouri.
Defendant CBS filed a motion to dismiss for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2). Specifically defendant argued that "CBS' contacts with Missouri [do not] satisfy the demanding due process test imposed by Daimler AG v. Bauman." [Doc. #96-1]. Defendant CBS further claimed that "Knowlton is not even persuasive, much less controlling, as to the jurisdictional effect. . . to be given Missouri's foreign corporation registration requirements," and "Missouri law does not allow for implied consent-based general jurisdiction over CBS where such jurisdiction would otherwise be precluded by due process." Id. at 5 (internal formatting omitted). The motion was denied. [Doc. #277].
CBS now seeks certification of an interlocutory appeal on the question of whether CBS has consented to the general jurisdiction of Missouri courts by complying with Missouri's corporate registration statute (Mo. Rev. Stat §§ 351.572, 351.586 (2014)), as held in Knowlton v. Allied Van Lines, 900 F.2d 1196 (8th Cir. 1990).
II. Legal Standard
Section 1292(b) of Title 28 of the United States Code provides a mechanism for a district court to grant an appeal on an otherwise non-final order. In order to satisfy § 1292(b), a case must involve an issue that concerns "(1) a controlling question of law as to which there is (2) a substantial ground for difference of opinion and upon which (3) a decision will materially advance the ultimate outcome of the litigation." Paschall v. Kansas City Star Co., 605 F.2d 403, 406 (8th Cir. 1979). Imbedded in these factors is a ripeness requirement. See id. This is because "[t]he purpose of section 1292(b) is not to offer advisory opinions `rendered on hypotheses which (evaporate) in the light of full factual development.'" Id. (quoting Minnesota v. United States Steel Corp., 438 F.2d 1380, 1384 (8th Cir. 1971)). A district court must therefore ensure that factual issues are sufficiently resolved before granting certification. See S.B.L. v. Evans, 80 F.3d 307, 311 (8th Cir. 1996). Moreover, "the requirements of § 1292(b) are jurisdictional," and this "jurisdictional analysis is guided by the policy embodied in the final judgment rule." White v. Nix, 43 F.3d 374, 376 (8th Cir. 1994); see also Lloyd's Acceptance Corp. v. Affiliated FM Ins. Co., 557 F. App'x 618, 619 (8th Cir. 2014). That is, it has "long been the policy of the courts to discourage piece-meal appeals because most often such appeals result in additional burdens on both the court and the litigants" and accordingly, "permission to allow interlocutory appeals should thus be granted sparingly and with discrimination." White, 43 F.3d at 376 (quoting Control Data Corp. v. Int'l Bus. Machs. Corp., 421 F.2d 323, 325 (8th Cir. 1970)). The Eighth Circuit has explained that "the legislative history of subsection (b) of section 1292.. . indicates that it was to be used only in extraordinary cases where decision of an interlocutory appeal might avoid protracted and expensive litigation. It was not intended merely to provide review of difficult rulings in hard cases." United States Rubber Co. v. Wright, 359 F.2d 784, 785 (9th Cir. 1996)(per curiam) (cited with approval in Union Cty., Iowa v. Piper Jaffray & Co., 525 F.3d 643, 646 (8th Cir. 2008)). Indeed, those seeking an interlocutory appeal have the "heavy burden" of demonstrating that a case is "exceptional" and therefore merits immediate appeal. White, 43 F.3d at 376; see also Alchemy Advisors, LLC v. Cedarburg Pharm., Inc., No. 4:08-CV-1964-FRB, 2010 WL 56012 (E.D. Mo. Jan. 4, 2010). CBS has failed to meet its burden in this case. II. Discussion
As to the first § 1292 factor, defendant CBS has shown the existence of a controlling question of law. A controlling question of law must be legal — one of fact or an issue not within the district court's discretion. See White, 43 F.3d at 376; see also
E.E.O.C. v. Allstate Ins. Co., No. 4:04-CV-01359-ERW, 2007 WL 38675, at [*3] (E.D. Mo. Jan. 4, 2007). Here, the question concerns the exercise of personal jurisdiction over defendant CBS in accordance with Knowlton. Other courts in this circuit have held that personal jurisdiction issues constitute controlling questions of law. See, e.g., Remmes v. Int'l Flavors and Fragrances, Inc. 435 F. Supp. 2d 936, 944 (N.D. Iowa 2006); Emerson Elec. Co. v. Yeo, No. 4:12-CV-1578-JAR, 2013 WL 440578, at [*4] (E.D. Mo. Feb. 5, 2013); Terra Int'l, Inc. v. Miss. Chem. Corp., 922 F. Supp. 1334, 1384 (N.D. Iowa 1996). Similarly, in this case, personal jurisdiction constitutes a controlling question of law. This is because compliance by CBS with Missouri's foreign corporation registration requirements is the "only basis for in personam jurisdiction" over this defendant. See Remmes, 435 F. Supp. 2d at 944. A question pertaining to jurisdiction contrasts to discovery issues, which are only subject to appellate review for abuse of discretion and "generally will never involve a controlling question of law." White, 43 F.3d at 377; see also Jones v. Clinton, 993 F. Supp. 1217, 1223 (E.D. Ark. 1998). Conversely, the Eighth Circuit conducts a de novo review of a district court's denial of a motion to dismiss on the basis of personal jurisdiction. See Northrup King Co. v. Compania Productora Semillas Algodoneras Selectas, S.A., 51 F.3d 1383, 1387 (8th Cir. 1995). Personal jurisdiction issues are therefore non-discretionary and are controlling questions of law.
With respect to the second factor, defendant CBS has not shown that there is a substantial ground for difference of opinion. A mere dearth of cases does not establish a substantial ground for difference of opinion. White v. Nix, 43 F.3d 374, 378 (8th Cir. 1994). "[I]dentification of `a sufficient number of conflicting and contradictory opinions' would provide substantial ground for disagreement." Id. at 378 (quoting Oyster v. Johns-Manville Corp., 568 F. Supp. 83, 88 (E.D. Pa. 1983)). Moreover, substantial ground for a difference of opinion exists when "(1) the question is difficult, novel and either a question on which there is little precedent or one whose correct resolution is not substantially guided by previous decisions; (2) the question is one of first impression; (3) a difference of opinion exists within the controlling circuit; or (4) the circuits are split on the question." Emerson Elec. Co. v. Yeo, No. 12-CV-1578-JAR, 2013 WL 440578, [*2] (E.D. Mo. Feb. 5, 2013) (quoting Newsome v. Young Supply Co., 873 F. Supp. 2d 872, 876-77 (E.D. Mich. 2012)). To support its request for certification here, defendant CBS argues that "numerous courts have reached the opposite conclusion from this Court." Defendant only cites two cases (Keely v. Pfizer Inc., No. 4:15-CV-00583, 2015 WL 3999488 (E.D. Mo. July 1, 2015) (holding Knowlton was abrogated by Daimler and finding no personal jurisdiction); Beard v. SmithKline Beecham Corp., No. 4:14-CV-1833-RLW, 2016 WL 1746113 (E.D. Mo. May 3, 2016)) in this circuit that reach a different conclusion from this Court with regard to the application of Knowlton in the post-Daimler era. See Oyster v. Johns-Manville Corp., 568 F. Supp. 83, 88 (E.D. Pa. 1983) (noting that a "[s]ingle case demonstrates that while there may be grounds for difference of opinion, they are not, however substantial."), cited with approval in White, 43 F.3d at 378. Further, defendant CBS has failed to establish a true circuit split. Defendant cites one Second Circuit case, a Delaware state court case, and two cases from the federal district court in Delaware to establish a circuit split. This is insufficient to establish a circuit split. See Sunflower Redevelopment, LLC v. Illinois Union Insurance Co., No. 4:15-CV-577-DGK, 2016 WL 1228659, at [*4] (W.D. Mo. March 28, 2016) (finding that three cases cited from outside the circuit is not sufficient to establish a substantial ground for difference of opinion). Accordingly, defendant CBS has not identified a sufficient number of contradictory opinions such that this Court is persuaded that there is a substantial ground for difference of opinion.
With respect to the third factor, defendant CBS has not demonstrated that an immediate appeal may materially advance the termination of the litigation. "When litigation will be conducted in substantially the same manner" regardless of the appellate court's decision, "the appeal cannot be said to materially advance the ultimate termination of the litigation." White, 43 F.3d at 378-79; cf. Simon v. G.D. Searle & Co., 816 F.2d 397 (8th Cir. 2012) (holding that interlocutory appeal was proper where questions concerning the work product doctrine could affect about forty consolidated cases). Defendant CBS argues that an interlocutory appeal would "serve[] the best interests of justice and judicial economy." However, "granting interlocutory appeal now will only increase the likelihood of multiple appeals, which would decrease judicial efficiency as well as delay the final resolution of this case." See United States v. Mo., No. 4:11-CV-77-RWS, 2016 WL 783067, at [*3] (E.D. Mo. Feb. 29, 2016).
For the above reasons, the Court finds that this case is not "exceptional" and concludes that an immediate interlocutory appeal is not warranted.
Accordingly,
IT IS HEREBY ORDERED that the motion of defendant CBS for certification of a question for interlocutory appeal is denied.
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Hovsepian v. the Adel Wiggins Group, No. Case No. 4:16-CV-00414-CEJ (U.S. District Court, Eastern District of Missouri November 7, 2016).
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“Summary of Hovsepian v. the Adel Wiggins Group.” AsbestosClaims.Law Library. https://asbestosclaims.law/library/cases/hovsepian-v-the-adel-wiggins-group-2016-11-07.
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