From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more
8/15/2023
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Judicial Proceedings ,
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Mass Tort Litigation ,
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In State ex rel. Johnson & Johnson v. The Honorable Rex M. Burlison, dozens of plaintiffs sought to bring their claims against Johnson & Johnson in the City of St. Louis, Missouri even though they were not residents of the...more
On July 12, 2018, in an unpublished opinion, the Illinois 5th District Court of Appeals reversed the Madison County Court, which had denied Ford Motor Company’s motion to dismiss for lack of personal jurisdiction in an...more
On March 6, the Missouri Supreme Court declined to review the intermediate appellate court’s decision in Fox v. Johnson & Johnson, which vacated a $72 million talc verdict awarded in St. Louis City Court. ...more
3/13/2018
/ General Jurisdiction ,
Hazardous Substances ,
Johnson & Johnson ,
Judicial Review ,
Mass Tort Litigation ,
MO Supreme Court ,
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Toxic Exposure ,
Vacated
Vacating a $72 million talc verdict against Johnson & Johnson, the Missouri Court of Appeals, Eastern District, held that the case should never have been tried in the City of St. Louis, Missouri. The plaintiff did not live in...more
On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the...more
Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more
9/29/2016
/ Appeals ,
Asbestos ,
Asbestos Litigation ,
Duty of Care ,
Hazardous Substances ,
Mesothelioma ,
Motion for Summary Judgment ,
Negligence ,
Take-Home Exposure ,
Toxic Exposure ,
Workplace Hazards
Following recent court action, defendants up against "take-home" asbestos exposure claims may need to rethink their legal strategy.
The Northern District of Illinois recently denied a Motion for Reconsideration of a...more
In Wolfe, et al. v. Armstrong Int'l, Inc., et al., Cause No. 1522-CC11026 (Div. No. 4), the Circuit Court for the City of St. Louis, 22nd Circuit, entered an April 11, 2016, Order dismissing certain defendants from an...more
On March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous...more
On Monday December 21st, a Cook County, Illinois trial judge declared unconstitutional the recent Illinois legislation enacted that reduced the number of jurors in all civil trials from twelve persons to six. The legislation...more
In what is believed to be the Court’s first post-Daimler written decisions on the issue, Madison County, Illinois Judge Stephen A. Stobbs recently issued two decisions addressing whether the Court has personal jurisdiction...more
In Smith v. Illinois Central Railroad Co., the Fourth District of Illinois recently overturned a $1.4 million verdict against the Illinois Central Railroad. At trial, the Court had excluded evidence of the decedent's work at...more
Courtrooms in Illinois will begin to see a new makeup of juries soon, as effective June 1, 2015, all jury cases shall be tried by a jury of six. Previously, cases in which alleged damages exceeded $50,000 were tried by a jury...more
Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma,...more