Tag Archives: Corey M. Schaecher

ILN Today Post

New Legislation Introduced in Illinois Seeks Transparency in Asbestos Litigation

On November 7, 2018, Illinois State Senator Jason A. Barickman introduced S.B. (Senate Bill) 3643. This legislation is aimed at creating more transparency in asbestos litigation in the state by stipulating that at the outset of litigation, defendants would be given access to claim forms that plaintiffs have submitted to trust funds that bankrupt companies have established in order to compensate victims of asbestos exposure. Similar legislation has been passed in 15 states and comes after documents uncovered during an asbestos defendant’s 2014 bankruptcy proceeding showed a discrepancy between the exposure allegations alleged in forms submitted to these trusts and exposure testimony in separate civil lawsuits against solvent companies.

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ILN Today Post

Missouri Supreme Court Decision in Talc Case Could Herald Change in Where Mass Tort Litigation May Be Filed

On March 6, 2018, the Missouri Supreme Court declined to review the October 17, 2017 decision by Missouri’s Eastern District Court of Appeals in Fox v. Johnson & Johnson, which had overturned the trial court’s $72-million talc verdict against the defendant. The Eastern District found that the trial court lacked personal jurisdiction over Johnson & Johnson for the claims filed by Jacqueline Fox. The decision by Missouri’s highest court, which concerned the first of five major talc verdicts entered against Johnson & Johnson, not only clears the way for Johnson & Johnson’s success in the pending appeals of three other multimillion-dollar verdicts issued by St. Louis City jurors and supports a California trial judge’s October 2017 decision to vacate a fifth $417 million verdict, but could herald a fundamental change in how mass tort cases may be litigated.

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