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Conner v. Alfa Laval, Inc.: A Critical Assessment of the Continued Expansion of Maritime Jurisdiction in the Asbestos MDL In Conner v. Alfa Laval, Inc., 2011 U.S. Dist. LEXIS 82464 (E.D. Pa. Jul. 22, 2011), three plaintiffs alleged exposure to asbestos-containing products while serving aboard ships in the Navy. A group of defendants argued that the claims satisfied the test for maritime jurisdiction—and thus application of maritime (rather than state) law—most recently set out by the U.S. Supreme Court in Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (1995). Under Grubart, a party seeking application of maritime jurisdiction must satisfy a two-part test. The first prong, referred to as the “locality” test, requires the party asserting maritime jurisdiction to demonstrate that the alleged negligence occurred on the navigable waters of the United States. There was no question that the three Navy plaintiffs in Conner alleged injuries that occurred on water. Accordingly, their claims satisfied the locality test. view more
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