ELR Citation: ELR 20520
No(s). 904,571 (Ohio Ct. C.P. Feb 22, 1974)

Two chemical corporations located in Canada are held subject to an Ohio court's in personam jurisdiction under the state's long-arm statute, and the court permanently enjoins both defendants from any further discharges of mercury into the tributaries of Lake Erie. The lake and its tributaries constitute a single body of water, and under a "continuing act" theory defendants' discharges thus represent tortious conduct within the waters of Ohio which the state Attorney General may properly seek to abate. Even if the Canadian defendants could not be held to be acting within Ohio, sufficient contacts through business and other activities within the state exist to allow exercise of in personam jurisdiction without offending due process. The court denies plaintiff's requests for compensatory and punitive damages and for an order to clean up the lake, noting that since the two firms acted separately the damages would have to be apportioned according to the harm done by each, and such a determination is impossible given the highly polluted character of the lake and the numerous other sources of contaminants. The court also awards plaintiff investigative costs and attorney fees after commending the ability of its counsel, and orders a hearing to determine the amount of the award. The action against a third chemical company in the United States is dismissed since, although it is the parent corporation of one of the enjoined defendants, this firm was not directly involved in the mercury discharges.

Counsel for Plaintiff
William J. Brown Attorney General
C. Raymond Marvin
James A. Laurenson
Michael N. Tousey Asst. Attorneys General
Office of the Attorney General
Columbus, OH 43215

Counsel for Defendants
Harley J. McNeal
Arne B. Carlson
McNeal, Schick, Archibald & Carlson
520 Williamson Building
Cleveland, OH 44114

Smith Warder
Arter & Hadden
1144 Union Commerce Building
Cleveland, OH 44115