A state appeals panel has agreed a new trial is not in order for the estate of a woman whose family said asbestos in Johnson & Johnson’s talc products caused her fatal ovarian cancer. Colleen Cadigan, as executor of the estate of Betty Driscoll, filed a 16-count lawsuit in St. Clair County Circuit Court in 2018 against Johnson & Johnson,…
Hospitals and other medical providers cannot be held liable for complications that developed while treating a patient for COVID-19 during the pandemic emergency, the Indiana Supreme Court ruled Wednesday. In an unanimous opinion written by Justice Christopher Goff, the court held that a trial judge properly dismissed claims brought by the estate of Elmer Waggoner and determined that providers who…
An Illinois appellate court on Thursday revived a wrongful death lawsuit filed by the estate of a municipal water worker who drowned after being sent alone into an underground vault, ruling the claims are not barred by workers compensation exclusivity at the pleading stage. In Heiden v. Village of Westmont, the Illinois Appellate Court for the Third District reversed a…
Prairie Farms would need to pay $241 million to the family of a Missouri courier who allegedly died from carbon dioxide exposure while delivering crates of strawberries packed in dry ice, under a Madison County jury verdict. The jury rendered the verdict in Madison County Circuit Court on Feb. 27 in the case brought against Prairie Farms Dairy Inc. and…
A federal judge has unplugged a class action regarding lithium-ion batteries used in consumer power tools, which allegedly overheated and caught fire. Anthony Desparrois sued Lowe’s Home Centers and Chervon North America, which makes SKIL-brand tools, over allegedly dangerous lawn tools. Desparrois filed the complaint in St. Clair County Circuit Court before Chervon removed it to federal court. In a…
The makers of certain lithium ion power banks have been hit with a class action lawsuit, asserting they are selling dangerous products which can spontaneously ignite or explode, allegedly even under normal use and conditions. The lawsuit was filed against defendants INIU International Corp. and Shenzhen Topstar Industry Corp. on Feb. 3 in Southern Illinois District federal court. INIU is…
Gunmaker Smith & Wesson will get a chance to appeal a Lake County judge’s decision clearing the way for the families of victims of the 2022 Highland Park parade massacre to sue the company over the mass murders, after the Illinois Supreme Court indicated a state appeals court was wrong to deny out of hand the company’s appeal petition, seeking…
A unanimous Illinois Supreme Court opinion denied a new medical malpractice trial, which had been sought in part on the grounds a juror hesitated and sighed before assenting to the verdict. The underlying legal dispute pits Robert Schilling against Dr. Kreg Love and his employer, Quincy Medical Group. Schilling’s two-count malpractice claim alleged Love repeatedly diagnosed cellulitis in January 2017,…
Businesses in Illinois hit by blizzards of potentially ruinous lawsuits over alleged harm caused by emissions from their factories or other facilities can’t demand insurers defend them and cover their losses, even when those emissions are expressly permitted by the government and are not legally considered “pollution,” the Illinois Supreme Court has ruled. On Jan. 23, Illinois’ highest state court…
A federal appeals panel has restarted part of a lawsuit from the family of a woman seeking to force lawn equipment maker Toro to pay for the loss of her lower leg in a riding lawnmower accident, which she has argued wouldn’t have happened if Toro had designed the mower with more braking fail safes. In the ruling, the appeals…