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Winter is Coming! It’s Time to Dig out the Immunity Under The Illinois Snow and Ice Removal Act

With the coming of winter Illinoisans are once again getting their snow shovels and ice melt ready to remove the white stuff from their residential driveways and sidewalks.  The question is, what is a residential property owners’ duty to remove snow? [...]

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 [...]

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 [...]

The Looming Attack on Damage Caps in Missouri Medical Malpractice Cases

The issue of damage caps is an area of ongoing litigation in Missouri.  A new case has just been handed down by the Missouri Supreme Court which provides some clarity on the issue of statutory damage caps on non-economic damages but fails to fully resolv [...]

Phillip Bryant and Nicholas Meriage Granted Motion to Dismiss on a Repossession Injury Claim

PS Partner: J. Phillip Bryant PS Associate: Nicholas P. Meriage We represented: Phillip Christophel, and Stealth Recovery, LLC  Venue: Circuit Court of County of St. Louis Facts: Plaintiff sued for alleged injuries arising out of the repos [...]

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 [...]

Illinois Amends Construction Statute of Repose To Exclude Asbestos Claims, But Amendment Not Retroactive In Certain Cases

Amendment Excludes Asbestos Claims In December, 2014, former Governor Pat Quinn signed Public Act 98-1131, § 5, into law, adding Subsection (f) to Illinois’ Construction Statute of Repose (735 ILCS 5/13-214) to exclude claims based on personal injur [...]