On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the proper venue for defendant corporations sued by plaintiffs alleging first injury outside the state of Missouri. In the opinion, the Missouri Supreme Court held that venue is determined based on the location of the defendant corporation’s registered agent at the time the suit is filed, rather than the registered agent’s location on the date of a plaintiff’s first alleged injury, resolving an ambiguity contained in the statute.
Tim Larkin
Tim is a toxic tort and product liability attorney passionate about the benefits the law provides. His practice focuses on the defense of complex, multi-party civil cases, including all aspects of product liability, consumer fraud and mass toxic tort. Tim sees the law as a strategy game: his understanding of the science, medical issues, factual investigation and complexity of toxic tort claims help him craft legal arguments and plan the best defense possible for clients to achieve a successful resolution.
Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of Asbestos Exposure
Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the factual underpinnings of the opinion are sound, or the conclusions correct, but rather by the relevancy and reliability of the methods applied in forming said opinion. The United States District Court for the Northern District of Illinois recently illustrated these principles in Johnson v. Orton.
Michigan Court Weighs In On Specific Personal Jurisdiction
In Murphy v. Viad Corporation, the United States District Court for the Eastern District of Michigan recently considered the issue of specific personal jurisdiction in the context of asbestos claims under the standard set forth by the Supreme Court of the United States in its recent decision in Ford Motor Co. v. Mont. Eighth Judicial Dist. Court. In doing so, the Court reinforced that specific jurisdiction cannot be established where the products at issue were never sold or marketed in that forum.
South Carolina Court of Appeals Approves Cumulative Dose Theory, Increased Verdict For Plaintiffs
On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new trial nisi additur, and (3) denied motions to quash subpoenas requiring defendants’ corporate representatives to appear and testify at trial. The appeal was brought by two defendants, Fisher Controls International, LLC and Crosby Valve, LLC (hereinafter “Defendants”) who had received an adverse verdict following trial in July 2017. Most notably, the circuit court had granted the Plaintiffs’ motion for a new trial nisi additur and increased the total jury verdict from $300,000 to $1.87 million. This article examines several holdings in the Jolly opinion which present future implications for asbestos litigation in South Carolina, particularly with regard to the causation standard, the sophisticated intermediary doctrine, additur, and the setoff of verdicts.
A Focus on Missouri’s Tort Victim Fund
On June 1, 2021, the United States Supreme Court announced it would not accept Johnson & Johnson’s petition for certiorari seeking to overturn a $2.12 billion dollar damages award rendered in Missouri to twenty-two Missouri women who alleged their ovarian cancer was caused from microscopic asbestos fibers in the company’s baby powder and other talc products.
Heavy Metals in Baby Food – Congressional Report Unleashes a Flood of Litigation
Heavy metals, such as arsenic, lead, cadmium, and mercury, are present in baby foods produced by U.S. baby food manufacturers according to a report released in February by the U.S. House of Representatives Subcommittee on Economic and Consumer Policy. Heavy metals are considered dangerous to human health and are especially concerning for children and babies, who are more susceptible to the neurological effects associated with exposure to heavy metals.
SB 224 Adopted: Missouri Discovery Rules Follow Federal Footsteps
In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes to the Missouri Rules of Civil Procedure.) The applicability of SB 224’s revisions remained unclear for some time, however, as the Missouri Supreme Court hesitated to adopt them into the Missouri Rules of Civil Procedure.
Pitfalls of Remote Depositions
In response to the COVID-19 pandemic, courts and litigants are reinventing civil litigation – holding hearings on Zoom or Skype, using emails and conference calls to communicate status, and taking remote depositions. That said, “virtual discovery” is not new. Since 1993, the Federal Rules of Civil Procedure expressly authorized taking depositions by remote electronic means. States including Ohio, Massachusetts and Texas have followed suit. See, e.g., Ohio R. Civ. P. 30(b)(6); Mass. R. Civ. P. 29; Tex. R. Civ. P. 199.1
Toxic Tort Monitor: Venue Statute’s Savings Clause Clarified by St. Louis City Order
St. 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.
Toxic Tort Monitor: Missouri Senate Bill 591 Provides Clarity and Safeguards for Defendants
On May 12, 2020, the Missouri legislature passed Senate Bill 591 (SB 591), which provides major changes related to how punitive damages are assessed in civil and medical malpractice actions and brings significant reform to the Missouri Merchandising Practices Act (MMPA), Missouri’s consumer protection law. Missouri Governor Mike Parsons is expected to sign the bill shortly.