Water Works & Sewer Bd. of the Town of Ctr. v. 3M Co. (In re Aladdin Mfg. Corp.)
Decision Date | 20 December 2019 |
Docket Number | 1170887,1171198,1171197,1171196,1170894,1171182,1170864,1171199 |
Parties | EX PARTE ALADDIN MANUFACTURING CORPORATION et al. (In re: The Water Works and Sewer Board of the Town of Centre v. 3M Company et al.) Ex parte Milliken & Company (In re: The Water Works and Sewer Board of the Town of Centre v. 3M Company et al.) Ex parte Textile Rubber and Chemical Company, Inc. (In re: The Water Works and Sewer Board of the Town of Centre v. 3M Company et al.) Ex parte Mohawk Industries, Inc., et al. (In re: The Water Works and Sewer Board of the City of Gadsden v. 3M Company et al.) Ex parte Dorsett Industries, Inc. (In re: The Water Works and Sewer Board of the City of Gadsden v. 3M Company et al.) Ex parte Indian Summer Carpet Mills, Inc. (In re: The Water Works and Sewer Board of the City of Gadsden v. 3M Company et al.) Ex parte Oriental Weavers USA, Inc. (In re: The Water Works and Sewer Board of the City of Gadsden v. 3M Company et al.) Ex parte Kaleen Rugs, Inc. (In re: The Water Works and Sewer Board of the City of Gadsden v. 3M Company et al.) |
Court | Alabama Supreme Court |
Sharon D. Stuart of Christian & Small LLP, Birmingham; and Doug Scribner, Jonathan Wells, and David Carpenter of Alston & Bird, LLP, Atlanta, Georgia, for petitioners Aladdin Manufacturing Corporation, Mohawk Industries, Inc., and Mohawk Carpet, LLC.
Alfred F. Smith, Jr., and Sela S. Blanton of Bainbridge, Mims, Rogers & Smith, LLP, Birmingham; and William V. Custer and Jennifer B. Dempsey of Bryan Cave Leighton Paisner, LLP, Atlanta, Georgia, for petitioner Shaw Industries, Inc.
Richard E. Broughton of Ball, Ball, Matthews & Novak, P.A., Montgomery, for petitioner MFG Chemical, Inc.
C. Paul Cavender and D. Matthew Centeno of Burr & Forman LLP, Birmingham (withdrew 05/29/2019), for petitioner ArrowStar, LLC.
Brannon J. Buck, Brett A. Ialacci, and Christopher B. Driver of Badham & Buck, LLC, Birmingham; and Randall Wilson and Michael Dumitru of Miller & Martin PLLC, Chattanooga, Tennessee, for petitioners Engineered Floors, LLC, and J&J Industries, Inc.
John M. Bergquist and Deborah Ann Wakefield of Parsons, Lee & Juliano, P.C., Birmingham; and W. Scott Parrish, M. Ellis Lord, and David M. Barnes of Miller & Martin PLLC, Chattanooga, Tennessee, for petitioner The Dixie Group, Inc.
Sharon D. Stuart of Christian & Small LLP, Birmingham; and Meaghan G. Boyd and A. Nicole DeMoss of Alston & Bird, LLP, Atlanta, Georgia, for petitioner Milliken & Company.
E. Britton Monroe, Bryan A. Grayson, and Devon K. Rankin of Lloyd, Gray, Whitehead & Monroe, P.C., Birmingham; and Stephen E. O'Day and Andrew M. Thompson of Smith, Gambrell & Russell, LLP, Atlanta, Georgia, for petitioner Textile Rubber and Chemical Company, Inc.
H. Edgar Howard of Ford, Howard & Cornett, P.C., Gadsden; and Doug Scribner, Jonathan Wells, and David Carpenter of Alston & Bird, LLP, Atlanta, Georgia, for petitioners Mohawk Industries, Inc., and Mohawk Carpet, LLC.
John W. Gray II of Amari & Gray, Birmingham; and Anthony N. Upshaw and Asra A. Chatham of McDermott Will & Emery LLP, Miami, Florida, for petitioner Lexmark Carpet Mills, Inc.
Cody D. Robinson of Brunson, Robinson & Huffstutler, Gadsden; and Marvin Jerome Elmore, Michael B. Terry, Jane D. Vincent, and Michael R. Baumrind of Bondurant Mixson & Elmore LLP, Atlanta, Georgia, for petitioner Dorsett Industries, Inc.
John W. Dodson and Michelle L. Crunk of Dodson Gregory, LLP, Birmingham, for petitioner Indian Summer Carpet Mills, Inc.
John G. Dana of Gordon, Dana & Gilmore, LLC, Birmingham; and David C. Higney of Grant, Konvalinka & Harrison, P.C., Chattanooga, Tennessee, for petitioner Oriental Weavers USA, LLC.
John G. Dana of Gordon, Dana & Gilmore, LLC, Birmingham; and Matthew D. Brownfield of Grant, Konvalinka & Harrison, P.C., Chattanooga, Tennessee, for petitioner Kaleen Rugs, Inc.
Jere L. Beasley, Rhon E. Jones, Richard D. Stratton, Grant M. Cofer, J. Ryan Kral, and Megan Robinson of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., Montgomery; Thomas O. Sinclair and Lee P. Fernon, Jr., of Sinclair Law Firm, LLC, Birmingham; and Roger H. Bedford, Russellville, for respondents Water Works & Sewer Board of the Town of Centre and Water Works and Sewer Board of the City of Gadsden.
These mandamus petitions present the question whether the Cherokee Circuit Court and the Etowah Circuit Court (hereinafter referred to collectively as "the trial courts") can properly exercise personal jurisdiction over the petitioners, out-of-state companies (hereinafter referred to collectively as "the defendants"), in actions filed against them by the Water Works and Sewer Board of the Town of Centre ("Centre Water") and the Water Works and Sewer Board of the City of Gadsden ("Gadsden Water"). Centre Water and Gadsden Water allege that the defendants discharged toxic chemicals into industrial wastewater from their plants in Georgia, which subsequently contaminated Centre Water's and Gadsden Water's downstream water sources in Alabama. After moving unsuccessfully in the trial courts to have the actions against them dismissed, the defendants have filed petitions for writs of mandamus seeking orders from this Court directing the trial courts to dismiss the actions against them based on a lack of personal jurisdiction. We have consolidated all the petitions for the purpose of issuing one opinion.
On May 15, 2017, Centre Water filed an action in the Cherokee Circuit Court seeking injunctive relief and damages and asserting claims of negligence, wantonness, nuisance, and trespass against the following companies, among others, located in Dalton, Georgia: Aladdin Manufacturing Corporation, Mohawk Industries, Inc., Mohawk Carpet, LLC, Shaw Industries, Inc., ArrowStar, LLC, Engineered Floors, LLC, J&J Industries, Inc., MFG Chemical, Inc., The Dixie Group, Inc., Milliken & Company, and Textile Rubber and Chemical Company, Inc. ("the Cherokee County defendants"). In the complaint, Centre Water alleged that the Cherokee County defendants, who are carpet manufacturers or chemical manufacturers, had released "toxic chemicals, including perfluorinated compounds (‘PFCs’), including, but not limited to perfluorooctanoic acid (‘PFOA’), perfluorooctane sulfonate (‘PFOS’), precursors to PFOA and PFOS, and related chemicals" (hereinafter referred to collectively as "PFC-containing chemicals") from their manufacturing facilities and that those chemicals had contaminated Centre Water's water-intake site. The Cherokee County defendants moved to dismiss the action against them, asserting lack of personal jurisdiction, and Centre Water filed responses in opposition.
On May 15, 2018, the Cherokee Circuit Court entered a detailed order denying the Cherokee County defendants' motions to dismiss, stating, in pertinent part:
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