St. LouisSt. 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. Ct. St. Louis Cty. May 5, 2020) (Johnson). Put simply, St. Louis City’s automatically-generated trial docket dates (the “rolling docket”) do not satisfy the eligibility requirement of a having a “trial date” on or before August 28, 2019 within the savings clause.
Continue Reading Toxic Tort Monitor: Venue Statute’s Savings Clause Clarified by St. Louis City Order

Map of Illinois.On June 4, the Illinois Supreme Court issued an opinion that further limits the exercise of personal jurisdiction over out-of-state defendants in Christy Rios et al., v. Bayer Corporation et al., and Nichole Hamby et al., v. Bayer Corporation et al., 2020 IL 125020. At issue was whether “Illinois may exercise specific personal jurisdiction over an out-of-state defendant as to the claims of out-of-state plaintiffs for personal injuries suffered outside of Illinois from a device manufactured outside of Illinois.” Following rulings from the United States Supreme Court and those from other states, the court answered with a resounding: “no.”

Continue Reading Illinois Reins in Exercise of Personal Jurisdiction over Out-of-State Defendants for Nonresidents’ Claims

On March 10, 2020, in a 54 to 46 vote, the Iowa House of Representatives passed Senate File 2337 (SF2337) in an effort to reduce the over-naming of asbestos defendants in related lawsuits filed in Iowa.  The legislation focuses on reducing, or eliminating, the over-naming of asbestos defendants by requiring plaintiffs to provide detailed evidence of exposure for each named defendant. While Iowa is not known as a hot-spot for asbestos-related lawsuits, Iowa has reportedly seen its fair share of alleged asbestos related deaths.¹ Iowa’s lack of asbestos filings likely comes as a result of the state’s significant tort reform efforts, with SF2337 being the latest addition.

Continue Reading Toxic Tort Monitor: Over-Naming of Asbestos Defendants Bill Awaits Iowa’s Governor

On January 21, 2020, the Fourth District Appellate Court reversed a $3.2 million asbestos jury verdict, holding Tremco, Incorporated (Tremco) was entitled to judgment notwithstanding the verdict where Plaintiff presented insufficient evidence of causation. Krumwiede v. Tremco, Inc., 2020 IL App (4th) 180434.

Continue Reading Toxic Tort Monitor: Illinois Appellate Court Overturns Asbestos Jury Verdict Based on Insufficient Evidence of Causation

On January 3, 2020, in Mary Ellerbrock, Individually, and as Special Administrator of the Estate of Alex Kaszynski, Deceased, v. A.O. Smith Corp., et. al. (case No. 18-L-1434), the Third Judicial Circuit Court in Madison County, IL, denied defendant PW Power Systems’ (“PW”) motion to transfer based on forum non conveniens. In this asbestos case, premises Defendant PW sought to have the case moved from Madison County, IL to LaSalle County, IL. In denying PW’s motion, the Court referenced the Supreme Court’s decision in Fennell v. Illinois Central R.R. Co., emphasizing “[t]he defendant must show that the plaintiff’s chosen forum is inconvenient to the defendant and that another forum is more convenient to all parties.” 2012 IL 113812, ¶ 6. The Court’s reliance on Fennell for support that all defendants must join the motion is misplaced given that Fennell involved only one defendant.

Continue Reading Toxic Tort Monitor: Madison County Court Denies Intrastate Motion to Transfer Based on Forum Non Conveniens

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 long held position. Published in the Journal of the American Medical Association, the article entitled Association of Powder Use in the Genital Area With Risk of Ovarian Cancer found no statistically significant association between the use of powder in the genital area and incident ovarian cancer.

Continue Reading A Scientific Update: Ovarian Cancer and “Tainted Talc”

New Jersey based pharmaceutical, medical and consumer goods giant Johnson & Johnson has found itself at the center of national litigation conversation over the last few years due to explosive verdicts rendered against it over allegations that its talcum powder causes ovarian cancer and asbestos-related respiratory illnesses. In 2016 and 2017, Johnson & Johnson saw four verdicts in St. Louis ovarian cancer cases alone, with verdicts rendered in favor of the female plaintiffs of approximately $55 million, $70 million, $72 million and $110 million. Perhaps most shocking, however, was a $4.69 billion verdict obtained by twenty-two (22) different women suffering from ovarian cancer. In addition to $550 million in compensatory damages, the jury ordered Johnson & Johnson to pay $4.14 billion in punitive damages. Despite the trial itself exceeding six weeks, the St. Louis jurors reportedly reached their conclusion and verdict in less than one day. A Los Angeles jury ordered Johnson & Johnson to pay a California woman $417 million in damages in 2017, including $347 million in punitive damages.

Continue Reading Summary of 2019 Talc Verdicts

Recently, three asbestos cases, Lege, Chabaud, and Gaddy, have produced significant verdicts in Louisiana. Interestingly, Chabaud, a case of disputed asbestosis, produced the largest reported award for an asbestos personal injury claim in Louisiana history. Below is a brief summary of each of these matters.

Continue Reading Toxic Tort Monitor: Three Louisiana Juries Award Significant Verdicts in Asbestos Exposure Cases

The United States Supreme Court recently amended Federal Rule of Evidence Rule 807, the residual exception to the hearsay rule. These amendments significantly broaden the scope of the exception, which may lead to the admission of more hearsay statements under this rule.

Rule 807 provides for the admission of certain hearsay statements that are not admissible under the enumerated exceptions found in Rules 803 and 804. The previous version of the rule allowed for the admission of an otherwise inadmissible hearsay statement when the proponent could demonstrate that the statement was trustworthy, material, and more probative on the point for which it was offered than any other evidence the proponent could obtain through reasonable efforts, and that the admission of the statement was in the interests of justice.


Continue Reading Toxic Tort Monitor: Changes to Federal Rules of Evidence Broaden Hearsay Exception

On November 26, 2019, in Eileen Riebel, et al. v. 3M Company, et al. (Case No. 2015-L-002124), Cook County Judge Clare E. McWilliams granted a premises defendant’s personal jurisdiction motion in an asbestos matter finding that a contractual relationship between an out-of-state premises defendant and a decedent’s Illinois-based employer, by itself, was not sufficient to establish specific personal jurisdiction over the out-of-state defendant and did not meet the requisite minimum contacts with the state.

Continue Reading Toxic Tort Monitor: Cook County Court Finds Asbestos Plaintiff Failed to Establish Specific Personal Jurisdiction Over Out-of-State Premises Defendant