This week, the U.S. Supreme Court declined to hear a challenge from Volkswagen AG to California’s jurisdiction in a mesothelioma lawsuit. The decision by the nation’s highest court allows the case brought by the family of deceased auto mechanic Raul Hernandez to proceed against the German automaker.
Mesothelioma Lawsuit Delayed by Jurisdictional Question
In March 2025, the California Court of Appeals reversed a lower court decision, allowing the mesothelioma claim against the international company to be heard in California’s courts. In response, the auto manufacturer filed a petition for a writ of certiorari, which is a formal order from a higher court requesting case records for review, essentially granting permission to appeal to the high court.
The Supreme Court typically only grants such petitions for cases with national significance or conflicting lower court decisions, and on Tuesday, rejected the company’s mesothelioma-related appeal. The central question in the auto manufacturer’s request was whether California courts could exercise jurisdiction over a foreign manufacturer for product liability claims when the company sells products abroad to an independent American distributor that then markets them in California.
Mesothelioma Victim’s Family Sued Over Asbestos Exposure
The Hernandez family filed their original mesothelioma lawsuit in California state court in 2022, naming Volkswagen AG, Volkswagen of America (now Volkswagen Group of America), and others as defendants. Their complaint alleges that Raul Hernandez’s disease was caused by exposure to asbestos-containing gaskets, brake parts, and clutch components while working as a mechanic at Volkswagen dealerships from 1969 to 1976.
Upon being named in the mesothelioma claim, Volkswagen AG argued it should not be required to face claims in California because it doesn’t conduct business in the state, has no meaningful California contacts relevant to the claims, and deliberately structured its business to avoid California law’s benefits and burdens. After two rounds of jurisdictional discovery and extensive briefing, the Alameda County Superior Court found insufficient evidence that the German manufacturer had meaningful California contacts, but the California Court of Appeal reversed that decision.
Mesothelioma Case Proceeds After Appeals Court Reversal
The California Court of Appeal found that Volkswagen AG’s importer agreements, which required Volkswagen America to promote and sell Volkswagen-branded products and to arrange customer service in California, combined with regular California sales during the relevant timeframe, satisfied both “stream-of-commerce” and “stream-of-commerce-plus” tests for jurisdiction in the mesothelioma case.
Despite arguments from the auto manufacturer, the Supreme Court denied the writ of certiorari, which means that the decision made by the lower court stands, and the case can proceed. Counsel for the Hernandez family stated they were unsurprised by the Supreme Court’s decision regarding the mesothelioma lawsuit, noting that “Volkswagen AG has purposefully targeted the California market for many decades” and that California has been the company’s most lucrative U.S. market for over half a century.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.