Kevin Szanyi, Charlie Roberts and Steven Hamlin recently obtained dismissal of a product liability action brought against Isowa Corporation and Isowa America, Inc. In Albino v. Global Equipment USA, LTD., et al. (14-cv-06519), Honorable Michael A. Telesca, United States District Judge, Western District of New York, granted motions to dismiss a third-party complaint against Isowa Corporation and Isowa America based on a lack of personal jurisdiction. The Court concluded that the underlying failure to warn and strict product liability claims do not “arise from” Isowa America’s limited pre-accident sales of unrelated parts in New York, and found that post-accident sales and post-accident service visits were irrelevant to the analysis. The Court also found the revenue Isowa America earned from its limited New York parts sales and service visits was insufficient to establish that it “does or solicits business” or “derives substantial revenue from goods used … or services rendered in the state.” Stated differently, the Court found that Isowa America’s contacts with New York were insufficient to support personal jurisdiction over Isowa America under New York law. Because jurisdiction over Isowa Corporation depended on jurisdiction over Isowa America — its alleged agent — the Court found that Isowa Corporation is also not subject to jurisdiction in New York.
Webster Szanyi is our choice for national environmental matters as well as litigation in upstate New York. Their high quality and efficient service coupled with their very reasonable rates is unrivaled compared to other firms we have worked with
Vice President, Assistant General Counsel, Mott’s LLP
Kevin Szanyi has handled cases for Suzuki for nearly twenty years. From small cases to those involving catastrophic injury or death, he can do it all. Kevin’s advice is always timely, on-point, and well thought out, and the strategy he helps us develop in defending these cases has resulted in outstanding outcomes and well below estimated budgets. I cannot think of a case he could not handle for our company. Kevin has my complete confidence and trust.
Department Manager, Legal Division, Suzuki Motor of America, Inc.