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May 15, 2013

Case Report
David A. Barry, Andrea Studley Knowles

Plaintiff agrees to dismiss $75 million products claim

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The plaintiff, a Mexican insurance company, filed suit in Massachusetts Superior Court to recover $75MM in property damage sustained as a result of a catastrophic fire at its Mexican insured’s plant in Mexico. The plaintiff asserted claims against Sugarman Rogers’s client, a large American manufacturer of lighting products, and another company whose principal place of business is in Massachusetts. Before filing an answer to the Complaint, partners David A. Barry and Andrea Studley Knowles prepared and served a motion to dismiss, contending that the exercise of personal jurisdiction over their client would violate the principles of constitutional due process. Sugarman Rogers also argued that even if jurisdiction were proper, the Complaint should be dismissed under the separate doctrine of forum non conveniens because Mexico would provide an adequate alternative forum and the balance of private and public interests strongly favored litigating the plaintiff’s claims in Mexico. Shortly before its opposition to the motion was due, the plaintiff agreed to voluntarily dismiss the action against our client only, while reserving its right to file those claims in another venue.

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