| May 15, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Order of Operations: Maryland’s Highest Court Analysis of the Statute of Repose and Discovery Rule’s Applicability to Asbestos Cases By Soham Desai On March 28, 2018, the Court of Appeals of Maryland, Maryland’s highest court, was asked |
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| April 16, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Cook County Circuit Court Denies Personal Jurisdiction Motion in Asbestos Case By Anne McLeod The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to |
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| March 14, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Precluding a Second Bite at the Apple; Federal District Court Grants Summary Judgment on Basis of Doctrine of Collateral Estoppel By Tierra Jones In the interest of justice and courtroom efficiency, res judicata aims to prevent parties |
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| February 12, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Which Came First: Subject Matter or Personal Jurisdiction? By Mary Kate Mullen Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson and Jinright v. |
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| January 17, 2018 |
| New Developments |
| A Review of 2017 Personal Jurisdiction Decisions By Taylor Concannon In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in Goodyear and Daimler and reaffirmed its limits on personal jurisdiction |
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| 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 |
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In 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.
| October 7, 2016 |
| New Developments |
| The Duty to Warn in New York By Dan Jaffe New York’s highest court recently held in two asbestos cases (Dummit v. A. W. Chesterton and Suttner v. A. W. Chesterton) that a manufacturer of valves had a duty to warn of the hazards arising from the use of its |
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| October 5, 2016 |
| New Developments |
| Illinois Supreme Court finds Six Person Jury Demand Unconstitutional By Jen Dlugosz On June 1, 2015, Public Act 1132 (the “Act”) became effective. The Act reduced the size of civil juries in Illinois to 6 persons from 12 persons, thus litigants demanding a jury after June 1, 2015 could no |
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| September 2, 2016 |
| New Developments |
| Toward a Defense of Mesothelioma Cases on Causation: Low Doses and Genetics By Mark Zellmer Today’s defendants in asbestos litigation often face plaintiffs’ claims that they have contracted mesothelioma from exposure to low or even doubtful doses of asbestos. If the mesothelioma looks to be spontaneous (idiopathic) or the result |
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