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
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Fourth Circuit Refuses to Reduce Record-Breaking $32.7 Million Verdict
On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of the…
Latent Injury Exception to Illinois Workers’ Compensation Legislation Challenged
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…
Remote Asbestos Jury Trials Face Challenges
The first two remote asbestos jury trials showcase the unique challenges of trying cases remotely. Many Americans have become accustomed to working from home and the technology that comes with it. Most courts though are still hesitant to proceed with…
Startups and Entrepreneurs Recap – IO2020: The New Innovators’ Summit
The fourth year of IO2020: The New Innovators’ Summit, an event for startups and entrepreneurs, went virtual due to the coronavirus pandemic. Hosted on an interactive platform, leaders in the startup and enterprise innovation scene were able to connect, learn…
Statute of Limitations on Asbestos Claims: MN Supreme Court Reinforces
The statute of limitations on asbestos claims was recently reevaluated by the Minnesota Supreme Court. In Palmer v. Walker Jamal Company, the court reinforces that the clock begins when the plaintiff learns they have an asbestos-related disease, rather than…
Manufacturers Liable for Third Party Replacement Parts Says NJ Supreme Court
Personal Jurisdiction Over Foreign Corporation Asserted By Minnesota Court of Appeals
Personal jurisdiction over a foreign corporation was asserted by The Minnesota Court of Appeals in a recent asbestos case. The court found that the company’s former asbestos-tile factory in the state provided sufficient minimum contacts for specific personal jurisdiction.
Backe…
Pending Amendment to Rule 30(b)(6) Includes Meet and Confer Obligation
A pending amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure obligates parties to “meet and confer” regarding subject matters for examination. Adopted and submitted to Congress by the U.S. Supreme Court in April, this good faith conferral…
Toxic Tort Monitor: Proximate Cause Jury Instruction Further Clarified by Washington Appellate Court
Proximate cause jury instruction was further clarified by a Washington appellate court when the court reversed the asbestos defense verdict in Clevenger v. John Crane, Inc. In the case, plaintiff Era Clevenger alleged that her deceased husband’s forty-year history of…