District Judge Lawrence E. Kahn
Web Graphics’ employee Tanner’s thumb was amputated while working with a Heath Sheet-fed Microcheck Press allegedly sold by Heath Graphics LLC (HG). Tanner alleged the machine, or parts thereof, were made and sold by Germany’s Mabeg Sys. GmbH (Mabeg). A photograph of the identification plate affixed to the machine showed it made by Mabeg Maschinenbau GmbH & Co. KG., which allegedly underwent bankruptcy in Germany before Mabeg’s Feb. 25, 2010 creation. The court dismissed Mabeg for lack of personal jurisdiction. Absent information about its relationship with HG the court could not exercise long-arm jurisdiction over Mabeg if the defective item were sold to HG and then to Web Graphics. Tanner and HG could not show Mabeg reasonably expected its production of the defective item to have effects in New York. If however, Mabeg sold the defective item to TM Design & Engineering LLC under their 2011 exclusive distribution agreement, who then sold to Web Graphics, long-arm jurisdiction would be proper under Kernan v. Kurtz-Hastings Inc., 175 F.3d 236, but its assertion would violate due process due to J.McIntyre Machinery Ltd. v. Nicastro, 564 U.S. 873, absent more information about Mabeg’s New York-related contacts.