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|HENRY KALAMA; HERMAN COLLADO; ROY M.
JACKSON; FERMIN AGUILAR; JOHN J. LYNAM; JUNEST
P. PONSON; HARRY G. SHANNON; BILLIE JENKINS; LUIS
CACERES; JEREMIAH TODD,
MATSON NAVIGATION COMPANY, INC., et al.,
| No. 16-3408|
Appeal from the United States District Court for the Northern District of Ohio - Asbestos.
No. 1:10-cv-0001—Dan Aaron Polster and David A. Katz, District Judges.
Argued: July 26, 2017
Decided and Filed: September 13, 2017
Before: ROGERS, COOK, and STRANCH, Circuit Judges.
ROGERS, Circuit Judge. This case arose in the late 1980s, when merchant marine
plaintiffs began filing asbestos-liability suits against ship-owner and manufacturER defendants in
the Northern District of Ohio. At that time, the N.D. of Ohio ruled that it lacked personal
jurisdiction over many of the defendants and indicated that it would transfer the relevant cases to
scattered venues with proper jurisdiction. Eventually, the cases were consolidated into
multidistrict litigation in the Eastern District of Pennsylvania. The E.D. of Pennsylvania held
again in 2013 that the N.D. of Ohio lacks personal jurisdiction over the relevant defendants and
that those defendants had not waived or forfeited their personal-jurisdiction defense. The E.D. of
Pennsylvania accordingly dismissed thousands of parties. Now, ten plaintiffs appeal the E.D. of
Pennsylvania’s decision as it relates to nineteen defendants. The E.D. of Pennsylvania did not
abuse its discretion when it decided that the nineteen defendant–appellees did not waive or
forfeit their personal-jurisdiction defense in the ten plaintiff–appellants’ suits.
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NICK LYON, individually and in his official capacity as
Director of the Michigan Department of Health and
Human Services; WAYNE COUNTY DEPARTMENT OF
HEALTH, VETERANS, AND COMMUNITY WELLNESS, DR.
MOUHANAD HAMMAMI, individually and in his official
capacity as Director of the Wayne County Department
of Health, Veterans, and Community Wellness, and
CAROL AUSTERBERRY, individually and in her official
capacity as Division Director and Deputy Health
Officer of the Wayne County Department of Health,
Veterans, and Community Wellness.
| No. 17-1367|
Appeal from the United States District Court
for the Eastern District of Michigan at Flint.
No. 4:16-cv-12545—Linda V. Parker, District Judge.
Argued: October 12, 2017
Decided and Filed: November 7, 2017
Before: SUHRHEINRICH, GRIFFIN, and KETHLEDGE, Circuit Judges.
SUHRHEINRICH, Circuit Judge. The state of Michigan mandates that school-age
children be vaccinated prior to entering the public school system. It also offers exemptions from
this requirement for certain medical and nonmedical reasons. However, in order to get an
exemption, a parent must first visit a local health department and explain the basis for his or her
objection. A devout Catholic, Plaintiff-Appellant Tara Nikolao (“Nikolao”) sought a vaccination
waiver for her children for religious reasons. At the mandatory meeting, two Wayne County
nurses tried to disabuse Nikolao of the notion that her Catholic faith prevented her from
vaccinating her children, but Nikolao ultimately received the waiver. Nonetheless, she sued state
and county officials for violations of the First Amendment’s religion clauses. The district court
granted Defendants’ motion to dismiss. We affirm in part and vacate and remand in part.