Tom Pender and Bill Cremer obtain dismissal in Utah case for a Swiss company based on lack of personal jurisdiction
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Tom Pender and Bill Cremer just recently obtained a dismissal of their client, a Swiss medical prosthesis manufacturer from a personal injury action pending in Utah based on lack of personal jurisdiction. The plaintiff in the case had two shoulder prostheses that failed, both of which were manufactured in Switzerland by the client company, but distributed worldwide by a separate German entity. This same manufacturer client had previously been sued in Utah federal court, but its prior counsel had never sought dismissal based on personal jurisdiction. The plaintiff in this case opposed the motion based, in part, on the argument that the manufacturer had already submitted to jurisdiction in Utah in the prior case. Nonetheless, the court's memorandum opinion adopted all of the findings of fact and legal arguments presented in the motion filed by the defense team from Cremer Spina, resulting in the client's dismissal.
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