Lawsuit against Eastman Chemical Company DismissedOctober 25th, 2017 by Katherine Coig
A judge has dismissed the April 15 lawsuit against Eastman Chemical Company for allegedly selling faulty window films. The lawsuit was brought forth by Sae Han Sheet Co. Ltd. (SHSC), a South Korean distributor, and was filed in the United States District Court Southern District of New York.
SHSC claimed Eastman wanted to cut costs post-merger of Commonwealth Laminating and Coating Inc. (CLC), and, therefore, removed one of the three key ingredients in SunTek automotive films.
Although SHSC was an international distributor, it is authorized to do business in New York, where the alleged defective films were shipped from. Therefore, jurisdiction was to preside in the state.
However, in May, Eastman Chemical motioned to dismiss the case due to lack of personal and general jurisdiction or, alternatively, to have the case transferred to the Western District of Virginia, where the product in question was manufactured. Since Eastman Chemical is a Delaware corporation headquartered in Tennessee, Marshall Beil, attorney for Eastman Chemical and CLC, argued that general jurisdiction over the defendants was inconsistent with due process.
Beil further argued that Sae Han did not provide adequate evidence to suggest sufficient contacts between the defendants and New York to justify general jurisdiction, and, while the Eastman defendants do business in New York, neither had “continuous and systematic so as to give rise to general jurisdiction.”
Due to lack of personal jurisdiction, Edgardo Ramos, the presiding judge, granted Eastman’s motion to dismiss the case.