We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the “Act”).1 Since then, the Seventh Circuit has recognized the Illinois Supreme Court’s ruling as an “unequivocal determination” of Illinois law and allowed a plaintiff’s tort claims to proceed as exempt from the Act’s exclusivity provisions.
Commissioner Peter A. Feldman has been named Acting Chairman of the U.S. Consumer Product Safety Commission, effective January 22, 2025.
On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the “Act”).1 This decision confirms that Plaintiffs can indeed file civil claims after the 25-year statute of repose period for asbestos claims under Workers’ Compensation has expired. This decision will have a far-reaching impact throughout toxic tort litigation as it allows employees to pursue civil claims against their employers even if their Workers’ Compensation claim would otherwise be barred.
The President swore in a new face to the Commission for the Consumer Product Safety Commission (CPSC) on June 30, 2022. Mary T. Boyle, however, is not an entirely new face as she served in various positions within the CPSC for more than a decade. She formerly served in various leadership rules, including CPSC’s Executive Director from 2018 before being confirmed as the new Commissioner. Ms. Boyle also served as CPSC’s Senior Counselor for Policy and Planning, General Counsel, and Deputy General Counsel.
In July of 2021, after more than five months of silence, President Biden finally announced his nominations to the U.S. Consumer Product Safety Commission (“CPSC”), which included Alexander Hoehn-Saric, as Commissioner and Chair, Richard Trumka Jr., as Commissioner, and Mary T. Boyle, as Commissioner.
A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was Daubert-less, thus improper and warranted new trials.
Virtual civil jury trials will be scheduled statewide in New Jersey starting April 5, 2021, with consent to proceed remotely not required as part of the state’s two-phase approach to virtual jury trials for all dockets and tracks during the COVID-19 pandemic.
In June, the New Jersey Supreme Court affirmed a 2018 Appellate Division ruling holding that manufacturers and distributors can be held strictly liable for damages caused by third party replacement parts containing asbestos.