In re ASBESTOS LITIGATION
Sami Abou-Antoun and Michelle Abou-Antoun, his wife,
Robert A. Penza, Esq., Administrator of the Estate of John Babbit, deceased, Charlene Babbit, Individually and as surviving spouse of John Babbit, deceased and Tricia Burgess, Jennifer Babbit and Scott Babbit, Individually and as surviving children of John Babbit, deceased,
Dana Bandin and Andrew Bandin, her husband,
Robert A. Penza, Esq., Administrator of the Estate of Donald Barker, deceased, Amanda Barker, Individually and as surviving spouse of Donald Barker, deceased and April Amyx and Jacob Barker, Individually and as surviving children of Donald Barker, deceased,
Nathan Bell,
Eugene Bressan,
Betty Cady and Kimball Cady, her husband,
Vera Campbell-Emanuel and Anthony Emanuel, her husband,
Robert Coveney and Florence Coveney, his wife,
George Davis and Richard Davis, his wife,
Wency Diaz,
Isaiah Fenner, Sr. and Carolyn Fenner, his wife,
Nancy Ferrero and Anthony Ferrero, her husband,
Robert A. Penza, Esq., Administrator of the Estate of John Giannini, deceased, Leonette Giannini, Individually and as surviving spouse of John Giannini, deceased,
Donald Haywood and Barbara Haywood, his wife,
Robert A. Penza, Esq., Administrator of the Estate of Barbara Hintz, deceased, and Arlon Hintz, husband of Barbara Hintz, deceased,
Louis Jauregui,
James Jones and Barbara Jones, his wife,
George Jurgens and Margaret Jurgens, his wife,
Virginia Kandzierski,
Gladys Kearney,
Robert A. Penza, Esq., Administrator of the Estate of Philip Koontz, deceased, Dennis Koontz, Individually and as surviving son of Philip Koontz, deceased,
Wileen Little and James Little, her husband,
Manuel Lluerma and Juana Ordiales, his wife,
William Losi, Sr.,
Sharon Marks and Martin Marks, her husband,
Wilda Metzger and Carl Metzger, her husband,
June Mols,
Charles Ortner,
Robert Overby and Ann Overby, his wife,
Theodore Pate and Christine Pate, his wife,
Robert Rozenboom and Mildred Rozenboom, his wife,
Darrell Shanahan and Gloria Shanahan, his wife,
John Shields, Jr. and Sandra Shields, his wife,
Mark Smith and Autumn Smith, his wife,
Dorothy Snell and Clyde Snell, her husband,
Robert Stevens and Dorothy Stevens, his wife,
Antoinette Vortriede and Eric Vortriede, her husband,
Larry Williams and Cathy Williams, his wife,
Lyle Woolston and Julie Woolston, his wife.
Superior Court of Delaware, New Castle County.https://leagle.com/images/logo.png
Submitted: December 12, 2005.
Decided: March 8, 2006.
Attorney(s) appearing for the Case
Ian Connor Bifferato, Joseph Biden, III, Bifferato Gentilotti Biden & Balick P.A., Wilmington, DE; William Kohlburn, Bart French, Shane Hampton, Simmons Cooper, LLC, East Alton, IL, for Plaintiffs.
Robert Jacobs, David Arndt, Jacobs & Crumplar P.A., Wilmington, DE; John Spillane, Baron & Budd, P.C., Dallas, TX, for Plaintiffs.
Beth Valocchi, Valocchi & Sasso P.A., Wilmington, DE; Richard Wyner, Elizabeth Geise, Goodwin Proctor, LLP, Washington, DC, for Defendants CertainTeed Corporation and Dana Corporation.
Joel Doner, Nancy Whinnery, Wilbraham Lawler & Buba, Wilmington, DE, for Defendant Cummins, Inc.
Bruce McCullough, Dana Spring, McCullough & McKenty, P.A., Wilmington, DE, for Defendant D & F Distributing, Inc.
Somers Price, Jr., Daniel Wolcott, Jr., James Kron, Potter Anderson & Corroon, LLP, Wilmington, DE, for Defendant DaimlerChrysler Corporation.
Christian Singewald, William Doerler, White and Williams, LLP, Wilmington, DE, for Defendants Ford Motor Company and General Motors Corporation.
Alyssa Schwartz, Richards Layton & Finger, Wilmington, DE, for Defendant Occidental Chemical Corporation.
Paul Bradley, William Taylor, Jr., Katherine Mayer, McCarter & English, LLP, Wilmington, DE, for Defendants Owens-Illinois, Inc. and Raytheon Aircraft Corporation.
Armand Della Porta, Jr., Marshall Dennehy Warner Coleman & Goggin, Wilmington, DE, for Defendant Reichold, Inc.
Kathleen Jennings, Oberly Jennings & Rhodunda, P.A., Wilmington, DE; Robert Kelly, Wilson Elser Moskowitz Edelman & Dicker, LLP, Newark, NJ, for Defendant Yamaha Motor Corporation.
Superior Court of Delaware, New Castle County.
MEMORANDUM OPINION
SLIGHTS, J.
I.
The recent filing of several complaints by out-of-state plaintiffs alleging exposure to asbestos outside of Delaware has prompted certain defendants in these actions to seek dismissal for forum non conveniens and in the interest of justice. This opinion will address forum non conveniens; a separate opinion will address the defendants' contention that...
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