Marc Gaffrey prevails in Jurisdictional Battle in Federal Asbestos Action

Plaintiff was an F-4 aircraft mechanic who sued General Electric (GE) and Boeing in the Federal Court of New Jersey as well as six (6) other defendants for alleged asbestos exposure encountered while serving in the United States Air Force both in South Carolina and Spangdahlem, Germany during the Vietnam War era.

GE and Boeing filed motions arguing that the claims against them were divisible and should be litigated in separate jurisdictions. Boeing sought jurisdiction in Delaware, where it is incorporated and GE in West Virginia, where the plaintiff resided prior to his passing.

The Federal Magistrate granted the Boeing and GE’s motions concluding that New Jersey was not the proper venue for either claim as plaintiff had “never set foot” in New Jersey. The case will now proceed in three (3) separate Federal Court jurisdictions: West Virginia, Delaware and New Jersey. Plaintiff has appealed the decisions.