On September 5, 2018, the Appellate Court for the Fourth District of Illinois introduced heightened standards for plaintiffs to establish duty and causation in asbestos litigation through its reversal of a McLean County trial court’s decision denying a defendant’s motion for judgment notwithstanding the verdict. McKinney v. Hobart Bros. Co., 2018 IL App (4th) 170333, appeal denied, 116 N.E.3d 948 (Ill. 2019). In McKinney, the plaintiff sued Defendant Hobart Brothers Company (“Hobart”) alleging his eight-month workplace exposure to Hobart’s asbestos-containing welding rods in 1962 and 1963 caused his mesothelioma. The welding rods at issue allegedly contained asbestos fibers that were encapsulated. The plaintiff also alleged exposure to asbestos-containing automotive products that occurred during the course of his forty-year mechanic career. In reversing the trial judgment, the McKinney Court addressed three issues of expert testimony admissibility under Rule 213 and ultimately tightened the reins on exposure claims involving encapsulated asbestos fibers by requiring industry knowledge of harm for the manufacturer’s product at issue before imposing a duty and ushering in the “substantial factor” test for causation.
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Toxic Tort Monitor

June 18, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
New Tool for Non-Resident Defendants Seeking to Challenge Personal Jurisdiction in Illinois
By Dominque Savinelli

If you are a non-resident corporate defendant in Cook County, Illinois, you should become familiar with Campbell v. Acme Insulations, Inc., as it will undoubtedly

Toxic Tort Monitor

March 14, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Precluding a Second Bite at the Apple; Federal District Court Grants Summary Judgment on Basis of Doctrine of Collateral Estoppel
By Tierra Jones

In the interest of justice and courtroom efficiency, res judicata aims to prevent parties

healthcare technology iotThe influence of the Internet of Things (IoT) will undoubtedly be transformational with a total potential economic impact estimated to be $3.9 trillion to $11.1 trillion a year by 2025. In the race into the IoT marketplace, there are both known and unknown legal hurdles that will affect those who offer of goods and services during the proliferation of the Internet of Things.

Some of the current and potential legal hurdles related to the IoT are well known, some are not, and some are the result of the intersection between the physical and virtual worlds, and the collision between two intersecting major drivers of innovation in IoT. On one hand, there are the established manufacturers of products and consumer goods whose expertise in developing, testing and manufacturing products puts them in an advantageous position. On the other hand, there are the technology companies who are used to developing software and whose expertise lies in software development, data collection, and data processing.
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Product Liability Monitor

December 4, 2017
New Developments
Missouri Adopts Daubert: What It Means in Product Liability Cases
By Theresa Mullineaux

In March 2017, Missouri Governor Eric Greitens signed House Bill 153, which amended Mo. Rev. Stat. § 490.065, and effectively adopted Daubert standards for Missouri cases, effective in August 2017. As a result, Missouri now follows

Product Liability Monitor

November 2, 2017
New Developments
Mr. Gorsuch Goes to Washington: Is Chevron Endangered?
By Tierra Jones

Since the Supreme Court’s 1984 holding in Chevron USA v. Natural Resources Defense Council (“Chevron”), courts have looked to federal administrative agencies in interpreting regulatory statutes. Under this doctrine, commonly referred to as “Chevron deference,” courts adopt

Product Liability Monitor

October 11, 2017
New Developments
America’s Opioid Epidemic: Who Will Be Held Accountable?
By Ally Schwab

In recent years America has seen an increasing number of opioid-involved deaths and is currently experiencing what the Center for Disease Control (“CDC”) describes as an “opioid epidemic.” This crisis has been devastating to many communities and individuals, and

Product Liability Monitor

September 8, 2017
New Developments
The SELF DRIVE Act Motors Through Congress
By Mark Pratzel

On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this

Product Liability Monitor

July 14, 2017
New Developments
Rats! Eco-Friendly Soy-Based Insulation Could Spell Trouble Down the Road
By Sarah Rashid

A new “eco-friendly” biodegradable material used to insulate wiring in newer cars could make for trouble — and lawsuits — down the road for car manufacturers. This insulation is made from soybeans, making it more environmentally friendly

Product Liability Monitor

June 9, 2017
New Developments
Lung Cancer Without Asbestosis? The Effects of Smoking
By Mark Zellmer

In the medical and scientific literature, a finding of asbestosis is clear evidence that asbestos at least contributed to cause a person’s lung cancer. Many medical experts regard a finding of asbestosis as essential to any finding that asbestos