ELR Citation: ELR 21384
No(s). 89-CV-71179-DT (E.D. Mich. Aug 13, 1990)

The court holds that it has personal jurisdiction over two alien defendants under Michigan's long-arm statute in an action under the Comprehensive Environmental Response, Compensation, and Liability Act. Defendant Ivey was both President and a director of defendant Liquid Disposal, Inc. (LDI) at all times that LDI owned a site in Michigan for the disposal of combustible liquid organic waste. LDI is a Michigan corporation and had its principal place of business there. The court holds that Ivey's contacts with Michigan are sufficient to confer personal jurisdiction. The court next holds that the exercise of personal jurisdiction over Ivey is constitutional, because he purposely availed himself of the privilege of conducting activities in Michigan. He engaged in many activities related to LDI's management, and LDI's acts and their consequences have a substantial connection with Michigan. Finally, the court holds that jurisdiction over defendant Ineco is proper, because Ineco owns the majority share of LDI and an interest in the Michigan mortgage to the LDI site.

[Another decision in this litigation is published at 20 ELR 20918.]

Counsel for Plaintiffs
Susan Schneider
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Jeffrey Haynes
Vanderkloof & Haynes
P.O. Box 980, 860 W. Longlake Rd., Ste. 200,
Bloomfield Hills, MI 48303-0980
(313) 540-8388