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Posts tagged "Rhode Island asbestos personal jurisdiction defense forfeiture waiver"

Asbestos Defendant Forfeited Personal Jurisdiction Defense

The Rhode Island Superior Court has held in an asbestos case that defendant forfeited its defense of personal jurisdiction by actively litigating the claims against it for over two years before moving to dismiss even though it had asserted the defense in its answer. Bazor v. Abex Corp., C.A. No. PC-10-3965 (R.I.Super. May 2, 2016). The court said that during those two years the defendant had objected to the trial date that was pending when it was added to the case, re-deposed plaintiff, identified its witnesses for deposition, participated in the deposition of one of plaintiff's experts, objected to its Rule 30(b)(6) deposition, but not on jurisdictional grounds, identified its expert witnesses, filed motions in limine, defended the deposition of one of its experts, and participated in settlement conferences. The court commented that during none of these events did the defendant mention any preservation of the defense of lack of personal jurisdiction.