Kuhlman Equipment Co. v. Tammermatic, Inc.

The dispositive question presented by this appeal is whether the defense of lack of personal jurisdiction is waived by a defendant who seeks affirmative relief in the form of a cross claim against third party defendants. The issue arises in the context of a foreign corporation's contention that it is not subject to suit in Washington because the claim for relief arises out of the conduct of, and service was made upon, a subsidiary corporation which merged with the parent foreign corporation prior to the lawsuit's filing.

The relevant facts are as follows: Appellant Kuhlman Equipment Co., a…