On December 16, 2022, the Ohio Supreme Court issued a ruling in Brandt v. Pompa that may call into question the applicability of Ohio’s non-economic damages cap in future tort actions. Under tort reform enacted in Ohio in 2005, R.C. 2315.18 (B)(2) expressly limits non-economic damages to $250,000, or an amount equal to three times the economic loss for a maximum of $350,000 per plaintiff, with a $500,000 limit per occurrence. The Court had previously ruled the cap constitutional on its face. In Brandt, the Supreme Court found the non-economic damages caps unconstitutional as applied to a victim of childhood sexual assault who suffered lengthy and severe psychological trauma.Continue Reading Ohio Supreme Court Decision Potentially Alters the Application of Damages Caps in Ohio

We previously blogged on the Pennsylvania Supreme Court’s decision in Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021 (Pa. Dec. 22, 2021),  which put an end to general jurisdiction based solely on registration to do business in the Commonwealth.  Since the issuance of this landscape-shifting decision, courts in the Commonwealth have seen a flurry of ”Mallory motions” coming in all shapes and sizes. So far, plaintiff’s response has been uniform – Mallorys holding is limited and does not apply to defendants whose dealings are entirely “interstate” and who have no “footprint” in the Commonwealth. This attempt to minimize the impact of Mallory was recently rejected by the Philadelphia Court of Common Pleas in Emery v. U.S. Steel Corp. giving a glimpse of hope to foreign defendants haled to court in Pennsylvania.
Continue Reading Mallory enforced by Philadelphia Court – There Is No General Jurisdiction Based on Registration to Do Business

Shortly after the inauguration of Illinois Governor J.B. Pritzker, legislation was introduced in both the Illinois House and Senate to essentially override the Illinois Supreme Court’s decision in Folta v. Ferro Engineering, 2015 IL 118070 (2015). In Folta, the Illinois Supreme Court held that the Worker’s Compensation Act and Occupational Diseases Act was the exclusive remedy to Illinois employees who suffered latent injuries such as mesothelioma.
Continue Reading Toxic Tort Monitor: New Illinois Leadership Drives Passage of Legislation to Eliminate Workers’ Compensation Exclusivity Remedy Defense to Illinois Employers

December 4, 2017
New Developments
Missouri Adopts Daubert: What It Means in Product Liability Cases
By Theresa Mullineaux

In March 2017, Missouri Governor Eric Greitens signed House Bill 153, which amended Mo. Rev. Stat. § 490.065, and effectively adopted Daubert standards for Missouri cases, effective in August 2017. As a result, Missouri now follows

November 2, 2017
New Developments
Mr. Gorsuch Goes to Washington: Is Chevron Endangered?
By Tierra Jones

Since the Supreme Court’s 1984 holding in Chevron USA v. Natural Resources Defense Council (“Chevron”), courts have looked to federal administrative agencies in interpreting regulatory statutes. Under this doctrine, commonly referred to as “Chevron deference,” courts adopt

On October 17, 2017, the Court of Appeals for the Eastern District of Missouri reversed a $72 million judgment that was previously rendered against Johnson & Johnson, relying on a United States Supreme Court decision that was issued earlier this year. In June, the Supreme Court of the United States narrowed the scope of specific personal jurisdiction in Bristol Myers Squib Co. v. Superior Court of California, San Francisco County, 137 S.Ct. 1773 (2017), holding that that each plaintiff in a multi-plaintiff case must establish personal jurisdiction over the defendant for his or her individual claim. Applying the Supreme Court’s decision, the Court of Appeals reversed the plaintiff’s verdict that was issued in February 2016 in Estate of Fox v. Johnson & Johnson, No. ED104580. 
Continue Reading Missouri Appellate Court Reverses Verdict in Johnson & Johnson Talc Case

October 11, 2017
New Developments
America’s Opioid Epidemic: Who Will Be Held Accountable?
By Ally Schwab

In recent years America has seen an increasing number of opioid-involved deaths and is currently experiencing what the Center for Disease Control (“CDC”) describes as an “opioid epidemic.” This crisis has been devastating to many communities and individuals, and

The Supreme Court of Missouri recently issued an important decision in Norfolk Southern Railway Co. v. Dolan, holding that Missouri did not have personal jurisdiction over an out-of-state corporation registered to do business in Missouri that was conducting “substantial and continuous” business in Missouri, where an alleged injury to a resident of another state arose due to conduct outside of Missouri.
Continue Reading Missouri Supreme Court Limits Personal Jurisdiction