Publications

Articles on Products Liability

The ‘Seller’s Exception’ Defense to Product Liability Actions

By Nicholas Owen McCann
January
2015
Article
Page 40
Retailers and other nonmanufacturers in Illinois can seek dismissal under the so-called "seller's exception" to strict products liability. Here's how it works.

Applying the Illinois Construction Statute of Repose to Asbestos Litigation

By Cameron Turner and Jaime Bennett
December
2014
Article
Page 592
The Illinois construction statute of repose can be an effective defense in asbestos cases. This article shows how to use or challenge it.

Court upholds, modifies risk-utility test for products liability

By Helen W. Gunnarsson
December
2008
LawPulse
Page 606
In a recent case, the Illinois Supreme Court upheld - but reformulated - the risk-utility test, while declining to abandon the consumer-expectation test.

Denial of forum non conveniens constitutes error

March
2008
Illinois Law Update
Page 124
On December 26, 2007, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County denying the defendant's motion to dismiss based upon interstate forum non conveniens.

The Learned Intermediary Doctrine and Pharmaceutical Company Liability

By Stephen R. Kaufmann and Jason D. Johnson
April
2007
Article
Page 202
The learned intermediary doctrine is strong armor against liability for pharmaceutical companies. But it's not without chinks.

No per se liability exception to the risk-utility test when dangers are open and obvious

April
2007
Illinois Law Update
Page 176
On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Scripto-Tokai Corporation (Scripto).

Supremes - the risk-utility test applies despite open, obvious dangers

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
In a victory for consumers, the Illinois Supreme Court upheld the use of the "risk-utility" test in a product liability suit based on an item with open and obvious dangers.

Trial Lawyers’ Top Opinions of 2005

By Hon. James P. Flannery Jr.
March
2006
Article
Page 122
From pre-trial notice requirements to spoliation of evidence, 2005 produced an array of Illinois cases of special interest to the trial bar.

“Sunshine in Litigation” Legislation: Boon or Bane?

By Martin J. Healy Jr. and David P. Huber
March
2004
Article
Page 138
Proponents argue that the "sunshine" proposal before the General Assembly promotes public safety, while opponents charge that it puts trade secrets at risk.

There is Ample Sunshine Already

By Gregory C. Ray
March
2004
Article
Page 139
The Illinois House has passed, and the Senate is considering, a bill that would limit the power of the parties and the court to bar access to information in litigation involving "public hazards." 

Post-Sale Duties to Warn, Recall, and Retrofit Defective Products in Illinois

By Stephanie A. Scharf and Thomas P. Monroe
June
2003
Article
Page 298
Bucking the national trend, Illinois courts have refused to recognize the duty.

Expert testimony on airbag sensor system admissible if supported by proper foundation

November
2002
Illinois Law Update
Page 584
On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.

Finding of an open and obvious danger does not bar finding that a product was unreasonably dangerous because of a design defect under a risk-utility analysis

August
2002
Illinois Law Update
Page 402
On May 24, 2002, the Appellate Court of Illinois, First District, reversed the judgment of the Circuit Court of Cook County granting summary judgment to the defendants in this product liability case.

A Trial Lawyer’s Introduction to SUV Rollover Claims

By Martin J. Healy Jr.
December
2001
Article
Page 646
An overview of rollover litigation from a plaintiff's perspective.

Federal Boat Safety Act impliedly preempts failure-to-install claim

November
2001
Illinois Law Update
Page 568
On August 16, 2001, the Illinois Supreme Court affirmed the lower court's holding that while the Federal Boat Safety Act (FBSA), 46 USC § 4301 et seq., does not explicitly preempt state common law causes of action based on a manufacturer's failure to install propeller guards on boat engines, such claims are impliedly preempted.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

A Buyer’s Obligation to Give Notice of a Defective Product in Illinois

By Lisa Macrito
January
2001
Article
Page 34
What constitutes sufficient notice under Illinois' version of the UCC? This article reviews three important cases.

FDA pre-market approval of pacemakers did not preempt state law claims against manufacturer

February
2000
Illinois Law Update
Page 68
On December 2, 1999, the Illinois Supreme Court reversed the appellate court and found that FDA pre-market approval of pacemakers was not a federal requirement.

Product Liability and Embedded Microprocessors: The Other Y2K Problem

By Richard J. Rettberg and Kristin Dvorsky Tauras
December
1999
Article
Page 648
Microprocessors are everywhere, not just in devices we normally think of as computers. Here's how Y2K might affect products containing embedded microprocessors and how litigators can respond.

An injured person may file a product liability suit within two years after the date of injury, even if the repose period expired in the meantime.

May
1999
Illinois Law Update
Page 244
On March 18, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court holding that even though the 10-year repose period expired between the time that Davis.

Select a Different Subject