Summarizes where PFAS chemicals may be found, diseases that may be caused by PFAS, and who is suing and who is being sued for purported PFAS exposure.
Analyzes several Illinois and Missouri cases that illustrate the differences in how Illinois and Missouri interpret strict liability for products.
Analyzes a California appellate court ruling that corporate representative witnesses can only testify about matters within their personal knowledge or based upon admissible evidence.
Announcement of Centers for Medicare and Medicaid Services (CMS)'s Final Rule on civil money penalties for failure to properly report claims of Medicare beneficiaries.
Describes changes in redaction requirements for all materials filed in Missouri courts from updates and revisions to the Missouri Rule of Civil Procedure.
Explains changes made to appropriate venues for challenging Illinois administrative rules, executive orders, and constitutionality of state laws. Includes pros and cons of those changes.
Summarizes recent U.S. Supreme Court ruling on personal jurisdiction in Mallory v. Norfolk Southern, including dissenting opinions and what it may mean for corporations going forward.
Summarizes U.S. appellate court decisions in two cases involving how to determine if an Illinois court has personal jurisdiction over a case
Lists 3 keys to how to chose and prepare defense corporate representatives for depositions
Summarizes new Illinois law banning destroying PFAS by incineration, including what is/isn’t considered incineration and incineration not covered by the law
Examines U.S. 7th Circuit Court ruling on the application of non-specific defect theory in product liability cases
Recently, Alameda County Superior Court in California conducted a jury trial on a products liability claim for asbestos exposures. The jury selection process was carried out electronically via Zoom, and the entire trial was conducted virtually. Several issues were raised about conducting the trial remotely, including judge, jurors, witness, and/or counsel speaking without muting and jurors being inattentive (e.g., handling other tasks while the trial was being conducted). Nonetheless, the trial went forward and the jury deliberated via teleconference. After the ...
A product liability claim can survive a motion for summary judgment under three theories. For a plaintiff’s product liability negligence claim to proceed, the plaintiff must: (1) allege the product had a design defect, (2) allege there was a manufacturing defect, or (3) claim the product did not have proper warnings for consumers. When a plaintiff alleges a design defect, he or she must claim the product’s design made it unreasonably dangerous. If alleging a manufacturing defect, the plaintiff must claim the product manufactured was defective and different from the intended ...
