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Recent Personal Jurisdiction Decision in St. Louis City, Missouri Limits the Use of a Registered Agent to Establish Personal Jurisdiction

On October 28, 2016, Judge Robert Dierker issued an order in the case of Bristol v. Ford Motor Co., et al., 1522-CC10413, denying Ford’s Motion to Dismiss Based upon Lack of Personal Jurisdiction. Ford argued that there was no personal jurisdiction in t [...]

Company Consented to Personal Jurisdiction in Missouri by Maintaining Registered Agent

Recently, in the case of Kologenski v. Genuine Parts Corporation (1622-CC00427), Judge Sengheiser denied Genuine Parts Company’s (GPC’s) Motion to Dismiss for Lack of Personal Jurisdiction, finding that GPC consented to personal jurisdiction in Missou [...]

Will Cancers From “Vaping” Be the Next Toxic Tort?

The new trend among smokers, those trying to quit, and even non-smokers, are electronic cigarettes, or e-cigarettes. These e-cigarettes are marketed as a same alternative to cigarettes, but are they really safe? If they are not safe, will diseases caused [...]

Genetic Mutation Defense in Asbestos Cases

Over the last few years, asbestos defense attorneys have slowly begun to introduce a defense to the causation of mesothelioma related to a specific genetic mutation. In a recent study, scientists have found that individuals who carry a mutation in a gene [...]

Illinois Supreme Court Upholds the Exclusive Remedy Provisions of the Workers’ Compensation Act and the Workers’ Occupational Diseases Act in Asbestos Related Diseases

On November 4, 2015, the Illinois Supreme Court filed the attached opinion in the matter of Folta v. Ferro Engineering, 2015 L 118070. In a 4-2 decision, the Court held that when the employee’s injury or disease first manifests after the expiration of c [...]

Missouri Senate Bill 239 – Reinstatement of Damage Caps In Medical Malpractice Cases

When evaluating a claim for medical malpractice, the potential exposure is a key consideration for both health care provider and defense counsel.  Until recently, plaintiffs could receive unlimited non-economic damages awards in medical malpractice lawsu [...]

Personal Jurisdiction Considerations in Missouri & Illinois after Daimler AG v. Bauman, 134 S. Ct. 746 (2014)

On January 14, 2014, the United States Supreme Court decided the case of Daimler AG v. Bauman, 134 S. Ct. 746 (2014). The background of this case is as follows: Daimler is a German corporation which was sued in California by Argentinian plaintiffs for hum [...]

Contractual Provisions Minimizing Exposure/Losses in Missouri and Illinois

Parties entering into commercial contracts in Missouri and Illinois have available to them a number of risk limiting and shifting devices. However, in order to be enforceable, they must be drafted with care. Courts are often reluctant to allow an unconsci [...]

The Conflict Between Missouri’s Spoliation Doctrine and the Rule on Subsequent Remedial Measures

Despite its difficulty in application, the evidentiary spoliation doctrine—not to be confused with the independent tort of spoliation—is a fairly common sense doctrine at heart. Boiled down to its most basic terms the spoliation doctrine prevents part [...]

Updates To Illinois Personal Jurisdiction Law After In re Plavix Related Cases and its Applicability to Illinois Asbestos Cases

In the recent case of In re Plavix Related Cases, 2014 WL 3928240 (2014), the Court narrowed the scope of personal jurisdiction in Illinois for out-of-state residents attempting to file a claim in Illinois courts. Specifically, In re Plavix Related Cases [...]