Kochera v. Foster Wheeler, LLC

Filing 343

ORDER DENYING Motion to Dismiss for Lack of Jurisdiction filed by General Electric Company [Doc. 263]. Signed by Judge Staci M. Yandle on 9/23/15. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

ANDREW V. KOCHERA, JR.,

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Plaintiff,
vs.
FOSTER WHEELER, LLC, et al.,
Defendants.

Case No. 14-CV-29-SMY-SCW

MEMORANDUM AND ORDER
YANDLE, District Judge:
Pending before the Court is the Motion to Dismiss Plaintiff’s Complaint for Lack of
Specific and General Personal Jurisdiction filed by Defendant General Electric Company (“GE”)
on July 14, 2015 (Doc. 263). GE argues Plaintiff cannot demonstrate specific or personal
jurisdiction over GE under the Illinois Long-Arm Statute (735 ILCS 5/2-209(a)-(f)). Plaintiff
counters that GE has waived its personal jurisdiction defense by actively participating in this
litigation. The Court agrees.
A defendant waives its personal jurisdiction defense when it causes the Court to go to
“some effort that would be wasted if personal jurisdiction is later found lacking” and gives the
plaintiff a “reasonable expectation that it will defend the suit on the merits.”

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Anesthesiologists Chicago v. Anesthesia Assoc. of Houston Metroplex, 623 F.3d 440, 443 (7th
Cir. 2010) (citing American Patriot Ins. Agency v. Mutual Risk Management, 364 F.3d 884, 88788 (7th Cir. 2004)). Prior to filing the instant motion, GE participated in litigating this case for
over sixteen months. In addition to its initial response, GE has entered the appearance of

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additional counsel (Docs. 48, 49, and 75), answered Requests for Admissions (Doc. 119), moved
for dismissal (Doc. 126), appeared at conferences before the Court (Docs. 145, 193), participated
in discovery (Doc. 175), moved for summary judgment (Doc. 204), and filed motions in limine
(Docs. 210, 211). This degree of activity obviously gave Plaintiff a reasonable expectation that
GE will defend the suit on the merits. Accordingly, GE has waived its personal jurisdiction
defense and the Motion is DENIED.
IT IS SO ORDERED.
DATED: September 23, 2015
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

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