Bader v. Avon Products, Inc.

Patricia Schmitz, a life-long California resident, died from mesothelioma. Susan Jean Bader (plaintiff), the representative of Schmitz’s estate, sued Avon Products, Inc. (Avon) (defendant) for strict products liability, negligence, and fraud. Bader alleged that Schmitz used asbestos-contaminated Avon talcum powder products in California and that those products caused Schmitz’s mesothelioma. Evidence adduced before the trial court established that Schmitz first encountered Avon products in 1980, when an Avon representative left an Avon catalogue at the school where Schmitz worked. Schmitz used a variety of Avon talcum powders over the next 20 years. Schmitz always ordered the products directly from Avon representatives in California. At deposition, Avon’s corporate representative admitted that Avon sold its products through a direct-sales model, meaning Avon utilized representatives to sell products directly to consumers. Avon moved to quash service of summons for lack of personal jurisdiction. Specifically, Avon argued that Bader could not satisfy the relatedness prong of California’s three-prong, specific-jurisdiction test because she failed to establish that the Avon talcum powders Schmitz used contained asbestos and were therefore defective. The trial court granted Avon’s motion. Bader appealed to the California Court of Appeal.