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Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants

On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the...more

Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of...

Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the...more

Michigan Court Weighs In On Specific Personal Jurisdiction

In Murphy v. Viad Corporation, the United States District Court for the Eastern District of Michigan recently considered the issue of specific personal jurisdiction in the context of asbestos claims under the standard set...more

South Carolina Court of Appeals Approves Cumulative Dose Theory, Increased Verdict For Plaintiffs

On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new...more

A Focus On Missouri’s Tort Victim Fund

On June 1, 2021, the United States Supreme Court announced it would not accept Johnson & Johnson’s petition for certiorari seeking to overturn a $2.12 billion dollar damages award rendered in Missouri to twenty-two Missouri...more

Heavy Metals In Baby Food – Congressional Report Unleashes A Flood Of Litigation

Heavy metals, such as arsenic, lead, cadmium, and mercury, are present in baby foods produced by U.S. baby food manufacturers according to a report released in February by the U.S. House of Representatives Subcommittee on...more

SB 224 Adopted: Missouri Discovery Rules Follow Federal Footsteps

In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes...more

Pitfalls Of Remote Depositions

In response to the COVID-19 pandemic, courts and litigants are reinventing civil litigation – holding hearings on Zoom or Skype, using emails and conference calls to communicate status, and taking remote depositions. That...more

Toxic Tort Monitor: Venue Statute’s Savings Clause Clarified By St. Louis City Order

St. Louis City Judge Michael K. Mullen recently entered an important order interpreting Missouri’s 2019 legislation governing joinder and venue law. See Order, Johnson v. Bayer Corporation, et al., 1622-CC01049-01 (Mo. Cir....more

Toxic Tort Monitor: Missouri Senate Bill 591 Provides Clarity And Safeguards For Defendants

On May 12, 2020, the Missouri legislature passed Senate Bill 591 (SB 591), which provides major changes related to how punitive damages are assessed in civil and medical malpractice actions and brings significant reform to...more

A Scientific Update: Ovarian Cancer And “Tainted Talc”

On the heels of Johnson & Johnson’s latest defense verdict in a talc ovarian cancer case in St. Louis City in December 2019 – the fourth consecutive verdict in its favor – comes another study that supports Johnson & Johnson’s...more

Toxic Tort Monitor: Looking Ahead: The Future Of Ovarian Cancer Litigation

Last year, a St. Louis city jury sent shock waves across the world, awarding 22 plaintiffs nearly $5 billion in compensatory and punitive damages in a lawsuit against Johnson & Johnson over claims its asbestos-contaminated...more

Missouri’s Game-Changing Opinion On Venue In Multi-Plaintiff Tort Litigation

On February 13, 2019, the Supreme Court of Missouri dealt a significant blow against improper forum shopping by plaintiffs in mass tort litigation. State ex rel. Johnson & Johnson et al. v. The Honorable Rex M. Burlison, No....more

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