Product Liability Alert
“Stay In Your Lane:” SCOTUS Affirms Third-Party Defendants Can’t Remove Class Action Lawsuits from State to Federal Court
Overview: A bank filed a debt-collection action in state court against the defendant, alleging he was liable for charges on a hardware store’s credit card. The defendant responded with an individual counterclaim against the bank, and filed third-party class-action claims against the hardware store and a water purification company. The defendant’s claims alleged that the Continue Reading »
The Illinois legislature has passed Senate Bill 1596 (SB 1596) and forwarded it to Governor Pritzker for signature. This bill amends the Illinois Workers Compensation Act and Occupational Diseases Act to remove the Act as an injured worker’s exclusive remedy against his or her employer where recovery under the Act is barred by the statute Continue Reading »
The case of McKinney v. Hobart, 2018 IL App (4th) 170333, may be again changing the landscape of proximate causation proof in asbestos exposure disputes in Illinois. Recent Key Rulings In Thacker v. UNR Industries, the Supreme Court of Illinois established, “[t]o show causation in an asbestos case, a plaintiff must produce evidence of exposure Continue Reading »
Defendant Floats “Sophisticated Intermediary Doctrine” in Hopes of Quelling “Popcorn Lung” Class Action Lawsuit. Seventh Circuit Reverses on the Duty to Warn Claim.
The duty to warn usually cannot be delegated, but in Indiana, an exception to this rule exists. In this case, the defendant applied the “sophisticated intermediary doctrine” in hopes of addressing one of four counts brought against it in a product liability lawsuit. The district court granted summary judgment in favor of the defendant on Continue Reading »