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Monthly Archives: June 2017

Forum-shopping in Illinois? Think again. Cook County trial court erred in denying forum non conveniens motion

Posted in Asbestos Litigation, Products Liability

On June 13, 2017, the Illinois First District Appellate Court issued an unpublished opinion holding that a Cook County judge erred in denying a forum non conveniens motion where essentially the entire case rests not in Plaintiffs’ chosen forum of Cook County, but in Winnebago County.[1]   The doctrine of forum non conveniens is premised… Continue Reading

U.S. Supreme Court Sets the Stage For Jurisdictional Limitations in Product Liability Matters

Posted in California Courts, Litigation Trends, Missouri Courts, Pharmaceutical and Medical Devices, Products Liability

In a groundbreaking decision that follows closely on the heels of its jurisdictional decision in BNSF Railway Co. v. Tyrrell, 581 U.S. __ (May 30, 2017) (“Tyrrell”), the United States Supreme Court held that the California Supreme Court was wrong to let approximately 600 non-California residents join 86 state residents in a pharmaceutical claim against… Continue Reading

Florida Medical Malpractice Non-economic Damage Caps: Before and After Kalitan

Posted in Florida Courts, Insurance Litigation, Litigation Trends, Medical Malpractice

No, this is not déjà vu. On June 8, 2017, the Supreme Court of Florida struck down another legislative mechanism to limit damages in personal injury cases. In North Broward Hospital District v. Kalitan, the Supreme Court decided that non-economic damage caps on medical malpractice actions violate the Equal Protection Clause of the Florida Constitution…. Continue Reading

Supreme Court Reaffirms Limits on General Personal Jurisdiction For Foreign Corporate Defendants

Posted in Litigation Trends

With the United States Supreme Court hearing less than 100 cases every year, it is exceedingly rare for the Court to address a particular issue more than once.  However, with state courts throughout the country failing to properly apply its 2014 decision in Daimler AG v. Bauman, 134 S.Ct. 746 (“Daimler”), the Supreme Court recently… Continue Reading