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Case Notes

By ALM Staff | Law Journal Newsletters |
December 01, 2003

Pervasive Business Contacts Create Personal Jurisdiction

A state retains general personal jurisdiction over a foreign corporation whose business contacts are so pervasive within the state that it will not offend notions of fair play and substantial justice to retain general personal jurisdiction, even if none of the actions of the litigation occurred within the state. Willard v. Ingersoll-Rand Company, No. 03 C 4665, U.S. District Court for the Northern District of Illinois, Eastern Division, Sept. 19, 2003.

On June 19, 2000, in Zimbabwe, Roy Willard's left hand was sucked into an air compressor's cooling fan. The air compressor was manufactured by Ingersoll-Rand, a New Jersey corporation, in North Carolina. Roy Willard's left hand was partially amputated as a result of the injury. The air compressor was shipped to Ingersoll-Rand Overseas Company in France, and then to Zimbabwe, where the injury occurred. After attempts to pursue compensation on his own, Roy Willard sought counsel in the United States and filed an action in Cook County, Illinois, on June 5, 2003, almost 3 years after the incident. Ingersoll-Rand filed a motion to dismiss, claiming lack of personal jurisdiction and arguing that the action was barred by the statute of limitations.

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