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

Product Liability Monitor

April 10, 2017
New Developments
I Like It, But Do I Trust It? Drivers Weigh In on Autonomous Vehicle Technology
By Shannon Peters

The American Automobile Association (AAA) recently released the results of a survey of American drivers which yielded an interesting conclusion:  Americans want autonomous vehicle (AV) technologies in their next vehicle, but they

brockhoert_leslie cockerham_stephenMore and more it seems disputes are occurring over what information the EEOC may subpoena from employers. On April 3, 2017, the U.S. Supreme Court issued its ruling in McLane Co. v. EEOC, weighing in on the standard of review on appeal when district courts either enforce or quash an EEOC subpoena.

Before discussing the case, let’s first address how we get to an appeal of such an issue:


Continue Reading EEOC Subpoenas—The Supreme Court Weighs In on the Standard of Review

Patent InfringementIn a 7-1 decision Tuesday, the U.S. Supreme Court ruled that laches cannot be a defense in many patent infringement cases. The Federal Circuit previously ruled that laches, which bar suits after unreasonable delays, prevented SCA Hygiene Products AB from suing their competitor First Quality Baby Products LLC. Tuesday’s Supreme Court ruling in SCA Hygiene

MissouriThe Supreme Court of Missouri recently issued an important decision in Norfolk Southern Railway Co. v. Dolan, holding that Missouri did not have personal jurisdiction over an out-of-state corporation registered to do business in Missouri that was conducting “substantial and continuous” business in Missouri, where an alleged injury to a resident of another state arose due to conduct outside of Missouri.

Continue Reading Missouri Supreme Court Limits Personal Jurisdiction

toxictortIn November 2015, the Madison County Circuit Court denied a motion by Ford Motor Company (“Ford”) to dismiss an asbestos case for lack of personal jurisdiction. The court found that Ford’s “substantial” business activities in the State of Illinois were such that it was at home in the state and subject to the court’s jurisdiction. Jeffs v. Anco Insulations, Inc. et al., No. 15-L-533 (Cir. Ct. Mad. Co. 2015). In February, the Fifth District Appellate Court issued an order denying Ford’s petition for leave to appeal the Circuit Court’s decision pursuant to Supreme Court Rule 306. A few months later, the Illinois Supreme Court granted Ford’s motion for a supervisory order with the Illinois Supreme Court under Rule 383, and ordered the Fifth District to hear the appeal. On December 14, the Fifth District heard oral arguments in the appeal of the Madison County Circuit Court’s decision in Jeffs v. Ford Motor Co., Case No. 5-15-0529. The panel during oral argument included Justice Richard Goldenhersh, Justice James Moore, and Justice Thomas Welch.

Continue Reading Fifth District Hears Oral Argument on Ford Motor Company’s Appeal of Personal Jurisdiction Ruling

Product Liability Monitor

December 13, 2016
New Developments
Auto Manufacturers Partner with Nauto to Improve Driverless Car Technology
By Shannon Peters

One of the main obstacles to the autonomous vehicle industry is “infrastructure,” but not in the sense typically associated with the term. Since autonomous vehicles come in all shapes, sizes, and powertrain types (gasoline, electric, and hybrid),