We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more
On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more
1/28/2025
/ Asbestos ,
Asbestos Litigation ,
Civil Claims ,
Constitutional Challenges ,
Due Process ,
Employer Liability Issues ,
IL Supreme Court ,
Illinois ,
Occupational Exposure ,
Statute of Repose ,
Toxic Chemicals ,
Toxic Exposure ,
Workers' Compensation Claim
To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a...more
This article is one of a series of posts diving into each aspect of The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) as the industry awaits MoCRA’s full implementation. This installment focuses on MoCRA’s...more
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in a continuing series of posts diving into each...more
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in our continuing series of posts diving into...more
8/24/2023
/ Cosmetics ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Marketing ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Product Labels ,
Reasonable Certainty Standard ,
Responsible Party ,
Safety Standards ,
Testing Requirements ,
Toxic Chemicals
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article is one of a series of posts diving into each...more
On May 18, 2023, the Illinois General Assembly passed House Bill 219 (Bill) which, if signed by Governor Pritzker, would allow punitive damages in wrongful death cases. Illinois law does not currently permit punitive damages...more
Facility Registration: What Is a Facility and Who Has to Register?
Section 607 of MoCRA requires the registration of facilities that manufacture or process cosmetics for distribution in the United States. While this...more
Am I making a “cosmetic product”?
If you are a manufacturer, packer, importer, or distributor, the first question you should be asking is whether your product falls under the definition of a “cosmetic product,” which...more
The Modernization of Cosmetics Regulation Act of 2022 (“MoCRA”) was signed into law on December 29, 2022. MoCRA expands the authority of the U.S. Food and Drug Administration (“FDA”) to regulate cosmetics and serves as the...more
On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v. Zavala, 2021 IL 125918. Illinois litigators were...more
On May 17, 2019, Illinois adopted legislation eliminating the state’s 25-year statute of repose under the Illinois Workers’ Compensation Act for latent diseases. The legislation overturned the prominent Supreme Court decision...more
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...more
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...more
On December 19, 2019, the First District issued its opinion in Daniels v. Arvinmeritor, Inc., affirming a $6 million verdict for the estate of Patrick O’Reilly, a union pipefitter from 1957 to 1998 who passed away from...more
The Eastern District of Pennsylvania in Sullivan v. A. W. Chesterton, Inc., et al., No. 18-3622 (E.D. Pa. June 6, 2019), grappled with the constitutionality of the Pennsylvania statutes, 15 Pa.C.S. § 411 and 42 Pa.C.S. §...more
In October, a Cook County jury awarded a $6 million dollars to the family of a deceased pipefitter in a mesothelioma trial. Daniels, et al. v. John Crane Inc., et al., No. 2016-L-011308 (Ill. Cir. Ct., Cook Cty.). John Crane,...more
The stage is set for a heated showdown between GOP leaders and bipartisan critics over implementation of HB 1645. If adopted by the Senate, the bill would alter several provisions related to a plaintiff’s ability to bring...more
When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of...more
When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of...more
New Developments -
Which Came First: Subject Matter or Personal Jurisdiction?
Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson...more
A Review of 2017 Personal Jurisdiction Decisions -
In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more
1/19/2018
/ Abuse of Discretion ,
Appeals ,
Asbestos Litigation ,
BNSF Railway Co v Tyrrell ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Calculation of Damages ,
Damage Caps ,
Expert Testimony ,
Jury Verdicts ,
Personal Jurisdiction ,
Petition For Rehearing ,
Product Defects ,
Reversal ,
SCOTUS ,
Toxic Exposure