The Illinois Supreme Court recently heard oral arguments in Jones v. Pneumo Abex LLC, Nos. 123895, 124002 cons. (Ill. 2019), where Plaintiffs, John and Deborah Jones, sued brake lining company Pneumo Abex (“Abex”) and glass bottle maker Owens-Illinois (“O-I”) for injuries John Jones allegedly suffered due to asbestos exposure during his construction career. Although Jones never worked for Defendants and never used or was exposed to any product of Defendants, Plaintiffs allege that Defendants entered into a civil conspiracy with the asbestos industry at large including Johns-Manville, an insulation and roofing materials manufacturer, to conceal the harmful health effects of asbestos exposure. In their complaint, Plaintiffs relied solely on circumstantial evidence to support their allegations of a conspiratorial agreement, including. (1) an Abex funded study on asbestos dust with Saranac Laboratory (the “Saranac report”) where a mice study revealing tumors was omitted from the published report; (2) a 1953 Sales Agreement between O-I and Owens Corning Fiberglas Corp. (“OCF”) for the sale of Kaylo insulation; (3) “non-toxic” ads that were issued by O-I and later by OCF; (4) O-I’s sharing of two asbestos health articles from 1941, (5) a unilaterally sponsored O-I study of Kaylo insulation involving exposure to lab animals; and (6) overlapping directors and stock ownership of O-I in OCF.
Continue Reading Toxic Tort Monitor: Illinois Supreme Court Set to Rule on Asbestos Civil Conspiracy Claim

The First District recently held that the district court had personal jurisdiction over a Texas-based company because of that company’s national advertising scheme and small repeat customer base in Illinois. In Schaefer v. Synergy Flight Center, et al., No. 1-18-1779, Plaintiffs alleged that Defendant RAM Aircraft, L.P., negligently overhauled, repaired, and tested an aircraft’s left engine and other parts, and that the negligent repair caused the aircraft to crash in Illinois, killing its seven passengers. RAM was a Texas-based limited partnership that predominately made its income by overhauling aircraft engines. RAM performed its work in Texas and had no office or property in Illinois. RAM did, however, advertise in a nationally distributed magazine and Illinois customers historically accounted for 1-2.5% of its revenues.  The particular engine in question was overhauled by RAM in Texas, who shipped it to a company in Indiana, who then shipped it to an Illinois flight center for installation.

Continue Reading Toxic Tort Monitor: Illinois Asserts Personal Jurisdiction Based On National Advertising and Ongoing Relationship With Several In-State Customers

On May 17, 2019, Illinois Governor Pritzker signed legislation eliminating the state’s 25-year statute of repose under the Workers’ Compensation Act for latent diseases, overturning the prominent Supreme Court decision in Folta v. Ferro Engineering, 2015 IL 118070 (2015), which established clear precedent that an employee’s exclusive remedy lies under either the Workers’ Compensation or Occupational Diseases Act. Under the old law, an employee did not have a civil tort cause of action against their employer. This new law now creates an exception to the traditional exclusive remedy provision that has been part of the Illinois Workers’ Compensation system for over 80 years.
Continue Reading Toxic Tort Monitor: Illinois Governor Signs Law Creating Exception to Illinois Workers’ Compensation Exclusivity for Latent Injuries

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

Toxic Tort Monitor

February 20, 2019 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Missouri’s Game-Changing Opinion on Venue in Multi-Plaintiff Tort Litigation
By Dominique Savinelli and Tim Larkin

On February 13, 2019, the Supreme Court of Missouri dealt a significant blow against improper forum shopping by plaintiffs in mass tort litigation. The Johnson &

Toxic Tort Monitor

November 12, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Federal Court in Washington Holds Risks of Take-Home Asbestos Exposure Were Not Foreseeable Prior to 1955
By Paul Cranley

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of

Toxic Tort Monitor

September 26, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Fifth District Finds Personal Jurisdiction Lacking Over Ford in Long-Awaited Jeffs Decision
By Andrew Hahn

The Fifth District Appellate Court issued its long-awaited decision in Jeffs v. Ford Motor Company recently finding that Ford Motor Company was not “at home” in

The proverbial hacksaw inside a prisoner’s birthday cake has been supplanted by a new technological trend for bringing contraband into the jailhouse – Unmanned Aircraft Systems (“UAS”). As early as 2015, a fight broke out at the Mansfield Correctional Institution in Ohio when a drone carrying tobacco, marijuana, and heroin crashed into a yard inside the facility. That same year, a drone trafficking hacksaw blades, a cellphone, and Super Glue crashed into a maximum security prison in Oklahoma. Similar plots have been attempted in more than a dozen states nationwide, leading states like North Carolina, Tennessee, and Texas to ban drone flights over correctional facilities. Perhaps to save us from another pre-emption fight over UAS operational restrictions, the federal government is now following suit.

Continue Reading FAA Adds to No-Fly Zones for Drones After Prisoners Smuggle Drugs, Weapons Through the Skies

Toxic Tort Monitor

June 18, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
New Tool for Non-Resident Defendants Seeking to Challenge Personal Jurisdiction in Illinois
By Dominque Savinelli

If you are a non-resident corporate defendant in Cook County, Illinois, you should become familiar with Campbell v. Acme Insulations, Inc., as it will undoubtedly