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.
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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 serves to clarify matters for examination and facilitates collaborative efforts. If Congress does not reject, modify, or defer the amendment by December 1, it will become effective immediately.

Continue Reading Pending Amendment to Rule 30(b)(6) Includes Meet and Confer Obligation

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 occupational exposure to asbestos (in the Navy, as a city water department mechanic, and as a pipefitter) resulted in his death.
Continue Reading Toxic Tort Monitor: Proximate Cause Jury Instruction Further Clarified by Washington Appellate Court

Mallet, legal code and scales of justice. Law concept, studio shotsIn July, a Delaware Superior Court judge ordered affidavits of a deceased plaintiff admitted under the residual exception to hearsay, finding that the affidavits were sufficiently trustworthy for purposes of admissibility under D.R.E. 807.

Continue Reading Toxic Tort Monitor: Affidavits of Deceased Plaintiff Admitted Under Residual Exception to Hearsay

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

In April, the U.S. District Court Eastern District of Louisiana upheld the reduction of a large toxic tort verdict in James Gaddy, et al. v. Taylor-Seidenbach, Inc., et al., No. CV 19-12926. Plaintiff sought reconsideration of the remitted verdict which reduced the jury’s initial award of general damages from $7.5 million to $3 million.
Continue Reading Toxic Tort Monitor: Louisiana Upholds Reduction of a Large Toxic Tort Verdict

Iowa became the first state to enact a law addressing the over-naming of defendants in asbestos litigation this month. Signed June 1, the new law requires a plaintiff to file a sworn affidavit, in addition to the initial pleading, with specified evidence as a basis for his or her claim against each named defendant. Failure to provide this information against a defendant results in dismissal of that defendant. More details on the bill (SF2337) in our previous post.
Continue Reading Toxic Tort Monitor: Iowa Enacts Over-Naming Law

In response to the COVID-19 pandemic, courts and litigants are reinventing civil litigation – holding hearings on Zoom or Skype, using emails and conference calls to communicate status, and taking remote depositions. That said, “virtual discovery” is not new. Since 1993, the Federal Rules of Civil Procedure expressly authorized taking depositions by remote electronic means. States including Ohio, Massachusetts and Texas have followed suit. See, e.g., Ohio R. Civ. P. 30(b)(6); Mass. R. Civ. P. 29; Tex. R. Civ. P. 199.1

Continue Reading Pitfalls of Remote Depositions

St. LouisSt. Louis City Judge Michael K. Mullen recently entered an important order interpreting Missouri’s 2019 legislation governing joinder and venue law. See Order, Johnson v. Bayer Corporation, et al., 1622-CC01049-01 (Mo. Cir. Ct. St. Louis Cty. May 5, 2020) (Johnson). Put simply, St. Louis City’s automatically-generated trial docket dates (the “rolling docket”) do not satisfy the eligibility requirement of a having a “trial date” on or before August 28, 2019 within the savings clause.
Continue Reading Toxic Tort Monitor: Venue Statute’s Savings Clause Clarified by St. Louis City Order