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On September 27, 2021, after 18 days of trial and a mere hour of deliberations, a City of St. Louis, Missouri jury rendered a defense verdict in favor of Johnson & Johnson (“J&J”) on claims of three women diagnosed with ovarian cancer. Forrest v. Johnson & Johnson, et al., No. 1522-CC00419-02 (Mo. Cir. Ct., St. Louis Cty.). Notably, in 2018, a City of St. Louis jury returned a staggering $4.7 billion verdict in favor of 22 woman who claimed that J&J’s asbestos-contaminated talcum powder caused their ovarian cancer. …
Continue Reading Jury Returns Defense Verdict in Third Post-Pandemic Ovarian Cancer Talc Trial

Illinois Governor Pritzker signed into law Senate Bill 72 (SB 72), which includes prejudgment interest and amends the Illinois Interest on Judgment Act 735 ILCS 2-1303 (Act). The amendment imposes six-percent prejudgment interest on economic and noneconomic damages in personal injury and wrongful death cases. Prior to SB 72’s passing, Illinois generally only recognized post-judgment interest at nine-percent per annum, running from when the judgment was made to the time it was satisfied. Personal injury plaintiffs generally could not recover losses incurred before judgment, but will be able to following SB 72’s effective date on July 1, 2021.
Continue Reading Illinois Governor Signs Law Imposing Six-Percent Prejudgment Interest

HB 3360, vetoed by Gov. Pritzker on March 25, would have imposed 9 percent prejudgment interest on personal injury and wrongful death claims in Illinois. This is the governor’s first bill rejection in two years and his ninth veto since taking office.

HB 3360’s pathway to Gov. Pritzker’s desk was unusual: it was passed quickly and quietly during the Illinois legislature’s January lame duck session, where lawmakers worked through the night to get the bill finalized. The governor was expected to sign the bill as soon as it passed, but, surprisingly, a wait ensued after it reached his desk, suggesting that the bill would require some work. See our prior analysis of HB 3360’s provisions.…

Continue Reading Governor Pritzker Vetoes HB 3360, But A Revised Version Will Soon Return to His Desk

The Illinois Supreme Court recently held that an increased risk of future harm is not an injury; tossing a class action suit which sought damages related to the City of Chicago’s replacement of water meters and water main pipes. The named Plaintiffs had filed the case on behalf of all Chicago residents who had water mains or meters replaced or installed between January 2008 and January 2017. The suit alleged negligence and inverse condemnation against the City of Chicago.…

Continue Reading Increased Risk of Future Harm is Not an Injury: Illinois Supreme Court Dismisses Lead Exposure Class Action Against City of Chicago

In a fact-intensive decision issued on October 22, 2020, the Illinois Supreme Court determined in Sergiu Tabirta v. James J. Cummings, et al. that the mere presence of an employee’s home office in Cook County was insufficient, by itself, to establish proper venue over his employer in the jurisdiction. Merely having an employee with a home office in the venue was insufficient under the circumstances to constitute “doing business” or maintaining an “other office” there to satisfy the requirements of Illinois’ venue statute.
Continue Reading Illinois Venue Statute Not Triggered by Presence of Employee’s Home Office

On January 13, 2021, the Illinois General Assembly passed House Bill 3360 (Bill) which, if signed by Governor Pritzker, would impose a 9 percent per annum prejudgment interest rate in wrongful death and personal injury tort actions. Illinois law does not currently recognize prejudgment interest in such tort actions, only allowing a post-judgment interest rate of 9 percent per annum running from the date of the judgment’s entry through the date of satisfaction. 735 ILCS 5/2-1303(a). While 5 percent prejudgment interest is permitted in certain cases where liability is clear and damages are readily ascertainable, such interest has never been permitted in personal injury cases, as damages are too difficult to calculate in advance.
Continue Reading Illinois Bill Imposing Prejudgment Interest Awaits Governor Pritzker’s Action

On May 17, 2019, Illinois adopted legislation eliminating the state’s 25-year statute of repose under the Illinois Workers’ Compensation Act for latent diseases. The legislation overturned the prominent Supreme Court decision in Folta v. Ferro Engineering which established clear precedent that an employee’s exclusive remedy lies under either the Illinois Workers’ Compensation or Occupational Diseases Act. Recently, in Patton v. A.W. Chesterton, defendant McNulty Brothers Company (McNulty) attempted to challenge the constitutionality of the 2019 legislation when it moved to dismiss Mr. Patton’s lawsuit arguing his case was barred by the Illinois Workers’ Compensation Act. Mr. Patton allegedly worked as a carpenter at McNulty from 1969 through 1973. Mr. Patton alleged that he regularly worked with asbestos-containing ceiling tiles and around asbestos-containing joint compound while he was employed by McNulty. Mr. Patton was diagnosed with mesothelioma in September of 2019, four months after the amendment of the Illinois Workers’ Compensation Act. Mr. Patton subsequently filed his complaint in the Third Judicial Circuit of Madison County, Illinois on October 15, 2019.
Continue Reading Latent Injury Exception to Illinois Workers’ Compensation Legislation Challenged

Remote court proceedings will continue in Cook County due to the COVID-19 pandemic. In July, Judge James Flannery of the Law Division of the Cook County Circuit Court signed General Administrative Order 20-6, providing guidance on the re-opening of Cook County courts and the extension of remote court proceedings. To safeguard the health of jurors, court employees and the public, all Law Division operations will resume via remote access.
Continue Reading Remote Court Proceedings Will Continue in Cook County

In May, the Illinois Supreme Court significantly revised its rules related to remote proceedings – including court appearances, video conferences, and civil trials. These changes aim to improve the administration of justice by increasing efficiency and decreasing costs, especially during the COVID-19 pandemic. These changes became effective immediately.
Continue Reading Toxic Tort Monitor: Illinois Overhauls Rules Related to Remote Proceedings

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