Illinois Bar Journal


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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.