A federal appeals court has affirmed the dismissal of an asbestos cancer lawsuit against Lockheed, finding the company did not fall under the jurisdiction of Connecticut’s courts.

The asbestos lawsuit was brought on behalf of the estate of the late Walter B., who died four months after he initiated this claim. His daughter Cindy continues to pursue his lawsuit as the personal representative of his estate.

Walter’s Asbestos Cancer

Walter claimed that he was exposed to asbestos while he served in the U.S. Air Force as an airplane mechanic, from around 1950 to 1970. He had served in that capacity in different locations in Europe and in several U.S. states, though not Connecticut. His work in the Air Force brought him into close contact with asbestos.

Later, Walter was diagnosed with malignant mesothelioma, a type of asbestos cancer. Cindy alleges that mesothelioma by its nature is “uniquely caused” by asbestos in the lungs and that some of that asbestos could be traced to products made by Lockheed.

Suing Lockheed in Connecticut

Even though Walter’s asbestos cancer had no apparent connection to Connecticut, Cindy argued that Lockheed had enough contacts with that state to give its courts jurisdiction over the company.

Lockheed has had at least some presence in Connecticut since 1982. It formally registered to do business in Connecticut in 1995 and appointed an agent for service of process in that state, as required by Connecticut law. Between 2008 and 2012, it had employed roughly 30 to 70 workers at four different locations in Connecticut.

Cindy had argued that these contacts created by Lockheed were enough to subject the company to general personal jurisdiction under that state’s courts. General personal jurisdiction gives a particular state’s courts authority to hear any type of claim against a particular company, regardless of other factors such as the company’s principal place of business or the jurisdiction where the facts of the claim took place.

The Second Circuit disagreed. It determined that while Lockheed did have some contacts with Connecticut that may have been “continuous and systematic,” those contacts were nowhere close to placing the corporation “essentially at home” within the state, as required by two recent decisions of the Supreme Court.

The court also determined that Lockheed had not consented to personal jurisdiction in Connecticut solely by registering to do business in the state and appointing an agent for service of process.

Before he filed the current asbestos cancer lawsuit in Connecticut state court, Walter had tried to sue in an Alabama federal court. He voluntarily dismissed his own lawsuit after defendants argued that the claim was barred by the statute of limitations.

The court’s decision does not stop Cindy’s claim cold, however. The court mentioned in a footnote that Cindy’s asbestos cancer lawsuit can continue against other defendants.

Lung Cancer Caused by Asbestos

Mesothelioma is a type of asbestos cancer that affects the pleura, the membrane that surrounds the lungs and separates them from the inner chest wall. Mesothelioma may not be diagnosed until several decades after asbestos exposure.

For that reason, people like Walter have recently developed asbestos cancer triggered by exposure they experienced decades earlier. Many persons were exposed to asbestos while working in certain industries or serving in the military in the mid-20th century, before asbestos was heavily regulated. Such persons can also be at risk for developing asbestosis, pleural effusion, or lung cancer caused by asbestos.