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List of Forms by Chapter - Chapter 1 — Strict Liability in Tort in Products Liability Cases
- I. [1.1] The 1995 Tort Reform Legislation and Its Invalidation in Best v. Taylor Machine Works
- II. [1.2] Theory and Policy
-
III. [1.3] Elements of a Strict Liability Claim - IV. Overview of Parties
- V. [1.16] Defenses
- VI. [1.23] Prescription Drug Litigation
- VII. [1.24] Market Share Liability: Diethylstilbestrol Cases
- VIII. [1.25] Claims Among Tortfeasors
- IX. [1.26] Expert Testimony
- X. [1.27] Public Nuisance
- Chapter 2 — Negligence and Warranty Theories of Products Liability
- I. [2.1] Negligence Theory in Products Liability
- [2.2] Who May Be Liable in a Products Liability Action
- [2.3] Distinction Between Negligence and Strict Liability
- Negligence Actions
- [2.6] Elements of a Negligence Action
- [2.7] Duty of the Manufacturer
- [2.8] Contractual Relationship Not Required for the Duty Because the Privity Requirement Has Been Abolished
- [2.9] Duty To Design a Safe Product
- [2.10] Duty To Manufacture a Safe Product
- [2.11] Duty To Warn
- [2.12] Situations requiring warning
- [2.13] Unequal knowledge between the buyer and the seller
- [2.14] No duty to warn if the danger is open and obvious
- [2.15] Identity of the injured party must be foreseeable
- [2.16] Split authority regarding the duty to warn when the plaintiff has actual knowledge of danger
- [2.17] Limitations on the manufacturer’s liability in specific factual circumstances: learned intermediary doctrine
- [2.18] Warning must be adequate
- [2.19] Negligence Based on the Manufacturer’s Inadequate Directions
- [2.20] Causation: Proximate Cause vs. Cause in Fact
- [2.21] Proving Negligence
- Defenses to Negligence Actions
- [2.27] Damages in Negligence Actions
- [2.37] Evidentiary Issues
- II. Warranty Theory
- [2.43] In General
- [2.44] Warranties Under the Uniform Commercial Code
- [2.57] Magnuson-Moss Warranty — Federal Trade Commission Improvement Act
- Defenses to Warranty Actions
- [2.58] Nonexistence of a Warranty
- [2.59] Buyer’s Misuse or Noncompliance with Conditions of the Warranty
- [2.60] Disclaimers
- [2.61] Contractual Limitations of a Buyer’s Remedies
- [2.62] Insufficient Notice
- [2.63] Statute of Limitations
- [2.64] Purchaser’s Reasonable Expectation —Food
- [2.65] Hypersensitive Plaintiff
- [2.66] Damages in Warranty Actions
- Chapter 3 — Parties to Products Liability Cases
- I. [3.1] Persons Who May Bring a Products Liability Action
- II. [3.2] Compensable Injuries Under Products Liability Caselaw
- III. Restrictions and Limitations in Prosecuting Products Liability Actions
- IV. [3.13] Class Action
- V. Timeliness
- VI. Persons and Entities Subject to Liability for Injuries Caused by a Defective Product
- VII. [3.30] Parties at the Time of Trial
- VIII. Third-Party Actions
- IX. [3.34] RESTATEMENT (THIRD) OF TORTS: PRODUCTS LIABILITY
- Chapter 4 — Defenses to Products Liability
- I. [4.1] Introduction
- II. Defense of Strict Liability Cases
- [4.2] In General
- [4.3] Attacking the Plaintiff’s Case
- [4.4] Improper Plaintiffs
- [4.5] Improper Defendants
- [4.19] Assumption of the Risk
- Duty To Warn
- [4.27] Alteration of the Product
- [4.28] State-of-the-Art Evidence
- [4.29] Circumstantial Evidence
- [4.30] Statutes of Limitation and Repose
- III. Defense of Warranty Actions
- IV. Defense of Negligence Cases
- V. Damages
- VI. Special Situations
- [4.52] Spoliation of Evidence
- [4.53] Nonmanufacturing Defendants in Strict Liability
- [4.54] Distributors and Middlemen
- [4.55] Jurisdiction over Foreign Manufacturers
- [4.56] Real Estate and Products Incorporated Therein
- [4.57] Federal Preemption
- [4.58] Federal Government Contractor Defense
- [4.59] Government Contracts
- [4.60] Unavoidably Unsafe Products
- [4.61] Human Blood, Organs, or Tissue
- [4.62] Animals
- [4.63] Firearms
- VII. [4.64] Conclusion
- Chapter 5 — Investigation and Development of the Products Liability Case
- Chapter 6 — Use of Discovery in Products Liability Cases
- Chapter 7 — Use of Expert Witnesses in Products Liability Cases
- I. Basic Illinois Law on Expert Testimony
- General Considerations
- Frye Test of Admissibility
- Assist Requirement
- [7.9] Expert Qualification Based on Learning, Skill, or Experience
- [7.10] Expert Opinion Based on Speculation or Conjecture
- [7.11] Expert Opinion Regarding Ultimate Facts
- [7.12] Proper Basis for an Expert’s Opinion
- [7.18] Illinois Supreme Court Rule 213(f)(3)
- II. Basic Federal Law on Expert Testimony
- III. [7.40] Selection of Experts
- IV. [7.57] Conclusion
- V. [7.58] Sample Form of Retainer Agreement
- Chapter 8 — Pleadings, Motions, and Third-Party Practice
- I. [8.1] Introduction —Outline of Pleadings and Motions That May Be Filed and Statutory References
- II. The Complaint
- III. [8.5] The Answer —Preparation for Initial Responsive Pleading and Checklist
- IV. [8.6] Sample Forms of Pleadings
- Complaint and Answer in Case Involving a Safety Harness Based on Strict Liability
- Complaint and Answer Involving a Power Lawn Mower Based on Strict Liability for Design Defect
- Complaint and Answer Involving Punch Press Based on Strict Liability Against Manufacturer of Press and Manufacturer and Seller of Component Parts
- Complaint and Answer in Case Involving Wooden Extension Ladder Based on Strict Liability
- Complaint and Answer Involving Manufacture and Sale of Toy Helicopter Based on Strict Liability and Negligence
- Complaint and Answer Involving Prescription Drug with Counts Based on Negligence, Strict Liability, and Implied Warranties Under Uniform Commercial Code
- [8.19] Sample Complaint Involving Exploding Gas Tank
- [8.20] Sample Complaint Involving Insect-Infested Candy Bar
- [8.21] Sample Complaint Involving Design of Conveyor Belt
- [8.22] Sample Complaint Involving Paint Thinner’s Emission of Dangerous Fumes
- [8.23] Sample Petition for Discovery
- [8.24] Third-Party Actions for Indemnity and Contribution in Products Liability
- [8.25] Principles of Indemnity
- [8.26] Status of Implied Indemnity
- [8.27] Indemnity in Products Liability
- [8.28] Indemnity Actions up the Chain of Distribution
- [8.31] Defenses Available to Strict Liability Indemnity Actions
- [8.32] Indemnity Actions (as Distinct from Contribution) down the Chain of Distribution
- [8.33] Contribution Among Tortfeasors
- [8.34] Limits on Amount of Recovery
- [8.35] Contribution Actions Against Plaintiff’s Employer and Co-Employee
- [8.36] Joint Tortfeasor Contribution Act
- [8.37] Applicable Statute of Limitations and Statute of Repose for Contribution Actions
- [8.38] Sample Form of Pleading for Indemnity — Third-Party Complaint for Indemnity
- [8.39] Sample Form of Pleading for Contribution —Third-Party Complaint for Contribution
- Chapter 9 — Special Aspects of Products Liability Trials
- Chapter 10 — Insurance Coverage for Products Liability
- I. [10.1] Introduction
- II. [10.2] Products Hazard
- III. [10.3] Insuring Agreement
- IV. [10.33] Vendor’s Liability Endorsement
- Chapter 11 — Damages in Products Liability Cases
- I. General Overview
- II. Compensatory Damages
- III. Punitive Damages
- Principles of Punitive Damages in Illinois
- [11.21] General Concepts
- [11.22] Standards for Awarding Punitive Damages
- [11.23] Basis for Award of Punitive Damages
- [11.24] Pleading Punitive Damages
- [11.25] Proof of Corporate Complicity
- [11.26] Requirement of Actual Damage
- [11.27] Wrongful-Death Actions
- [11.28] Survival Actions
- [11.29] Loss of Consortium Actions
- Constitutional Issues
- Chapter 12 — Motions for Summary Judgment and Appeals
- I. [12.1] Motions for Summary Judgment
- [12.2] Cases Involving Component Part Manufacturers
- [12.3] Cases Alleging Inherently Dangerous Instrumentality
- [12.4] Cases Involving Open and Obvious Danger or Failure To Warn
- [12.5] Cases in Which Plaintiff Cannot Establish Defect Existed in Product When It Left Manufacturer’s Control
- [12.6] Cases in Which Plaintiff Has No Expert Testimony
- [12.7] Cases in Which Plaintiff’s Claims Are Barred by Statute of Limitations or Statute of Repose
- [12.8] Cases in Which Plaintiff Cannot Produce the Allegedly Defective Product
- [12.9] Cases in Which Plaintiff Has Named the Wrong Manufacturer or Cannot Identify the Manufacturer
- II. [12.10] Appeals
- [12.11] Appeals as of Right
- [12.25] Permissive Appeals
- [12.28] Stays and Bonds
- General Provisions Governing Appeals
- Shawn Babiuch
Shawn Babiuch
No bio available.
- Stephen C. Carlson
Stephen C. Carlson
No bio available.
- Robert P. Conlon
Robert P. Conlon
Robert P. Conlon is a Founding Partner and Executive Committee Member at Walker Wilcox Matousek LLP in Chicago, where he concentrates his practice in representing insurers and reinsurers in major coverage matters involving professional liability, bad faith, environmental issues, and first-party property. He is a member of the American, Illinois State, and Chicago Bar Associations as well as the Defense Research Institute and has written and lectured extensively on various areas of civil litigation. He received his B.A. from the University of South Carolina and his J.D. from DePaul University School of Law.
- Thomas M. Crisham
Thomas M. Crisham
No bio available.
- Michael W. Davis
Michael W. Davis
No bio available.
- Frank J. Favia, Jr.
Frank J. Favia, Jr.
No bio available.
- Jennifer K. Gust
Jennifer K. Gust
No bio available.
- Mark D. Hansen
Mark D. Hansen
Mark D. Hansen is a Shareholder at Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he concentrates on commercial litigation, professional liability, and other areas of civil litigation. He is a member of the International Association of Defense Counsel, the Litigation Counsel of America, and the Society of Trial Lawyers. Mr. Hansen received his B.S. cum laude from Northern Illinois University and his J.D. cum laude from the University of Illinois College of Law.
- Adam Jagadich
Adam Jagadich
Adam Jagadich is an associate with the firm of Segal McCambridge Singer & Mahoney, Ltd., in Chicago, where he concentrates his practice in defense of product liability, toxic tort, and commercial litigation matters. He received his B.A. from Purdue University and his J.D. from the University of Wisconsin Law School.
- Harry C. Lee
Harry C. Lee
Harry C. Lee is the Owner of the Law Office of Harry C. Lee in Chicago. His practice focuses on litigating cases in the area of civil appeals. He is a member of the Appellate Lawyers Association and the Illinois State Bar Association. Mr. Lee received his B.A. from Fordham University and his J.D. from DePaul University College of Law.
- Rex K. Linder
Rex K. Linder
Rex K. Linder is Senior Counsel to Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he concentrates his practice in civil litigation in federal and state courts, including the defense of professional and products liability cases involving potentially significant damages. He is a member and Past President of the International Association of Defense Counsel, a member and former board member of the Defense Research Institute, and a member and former President of the Peoria County Bar Association. He is also a member of the American and Illinois State Bar Associations. Mr. Linder received his B.S. from Bradley University and his J.D. from Washburn University School of Law.
- Joseph T. Morrison
Joseph T. Morrison
Joseph T. Morrison is a trial lawyer with Kelleher + Holland, LLC, in North Barrington, where his practice focuses on complex personal injuries, as well as commercial and real estate litigation. Morrison has been recognized as an Illinois Leading Lawyer, and he has a Martindale-Hubbell AV rating. He is also included in National Trial Lawyers’ Top 100 Civil Plaintiff attorneys. Morrison received his B.S. from Knox College and his J.D. from DePaul University College of Law.
- Donald J. Morrison
Donald J. Morrison
No bio available.
- Bradley C. Nahrstadt
Bradley C. Nahrstadt
Bradley C. Nahrstadt is the Chief Operating Officer of Donohue Brown Mathewson & Smyth LLC, in Chicago. Mr. Nahrstadt is a Past Chair of the Primerus Defense Institute, has been elected to membership in the American Law Institute, and is a Past President of the Illinois Association of Defense Trial Counsel. He is AV Preeminent peer review rated by Martindale-Hubbell; was selected by his peers for inclusion in Illinois Leading Lawyers for products liability and medical malpractice defense; was selected by his peers for inclusion in Illinois Super Lawyers for products liability defense; was selected by the Chicago Daily Law Bulletin as one of the 40 Illinois Attorneys under 40 to Watch; and was selected as among Chicago’s Top Rated Lawyers in commercial litigation, general practice, and insurance law. He has served as Regional Counsel for a national testing laboratory, for a large consumer of welding rods, and for one of the leading optical manufacturers in the country. He has served in the past as an adjunct professor in trial advocacy at DePaul University College of Law and as an adjunct professor teaching a litigation course at the College of Lake County. He is an award-winning author and has written more than 75 articles on various areas of trial practice and discovery that have appeared in numerous leading publications, coauthored course books for the Institute of Paralegal Education and the National Business Institute, authored a quarterly column that appears in the IDC Quarterly, authored multiple book chapters on issues related to litigation defense, and is a frequent speaker on law-related topics. He also serves as the General Editor of IICLE®’s ILLINOIS PRODUCTS LIABILITY PRACTICE. He is an active member of the Association of Defense Trial Attorneys, the American Law Institute, the International Association of Defense Counsel, the Professional Liability Defense Federation, the Council on Litigation Management, the Illinois State Bar Association, the Illinois Association of Defense Trial Counsel (member of the Board of Directors), the Defense Research Institute, and the Chicago-Lincoln American Inn of Court. He earned his B.A. summa cum laude with distinction from Monmouth College and his J.D. cum laude from the University of Illinois College of Law.
- Eugene I. Pavalon
Eugene I. Pavalon
No bio available.
- Alyssa M. Reiter
Alyssa M. Reiter
No bio available.
- Caroline L. Schiff
Caroline L. Schiff
No bio available.
- Sean A. Siekkinen
Sean A. Siekkinen
No bio available.
- Thomas G. Siracusa
Thomas G. Siracusa
Thomas G. Siracusa is a Partner at Power Rogers, LLP, in Chicago. He is a member of the Illinois Trial Lawyers Association’s Board of Managers and the American Trial Board of Advocates. Siracusa received his B.A. from Loyola University Chicago and his J.D. with honors from Chicago-Kent College of Law.
- Christopher A. Wadley
Christopher A. Wadley
Christopher A. Wadley is a Partner at Walker Wilcox Matousek LLP in Chicago, where he focuses his practice on insurance coverage and products liability. He has been named an Illinois Super Lawyer (2022 – 2023), and he is a member of the Illinois State Bar Association. Wadley received his B.A. with high distinction from the University of Illinois at Chicago and his J.D. cum laude from Loyola University Chicago School of Law.
- James H. Whalen
James H. Whalen
James H. Whalen is a Partner at Lipe Lyons Murphy Nahrstadt & Pontikis Ltd. in Chicago and a member of the firm’s tort defense, products liability, and commercial litigation practice groups. He focuses his practice on construction, commercial, products liability, employment discrimination, and premises liability. He is a member of the Illinois Association of Defense Trial Counsel, the Justinian Society of Lawyers, and the Chicago and Illinois State Bar Associations. He received his B.A. from Indiana University and his J.D. from DePaul University College of Law.
- John T. Williams
John T. Williams
John T. Williams is a Partner at Hinkhouse Williams Walsh LLP in Chicago, where he focuses his practice on products liability litigation, intellectual property counseling and litigation, and complex class action litigation. He is a member of the Council on Litigation Management and the International Trademark Association. He has also been named an Illinois Super Lawyer. Williams received his B.A. magna cum laude from Gustavus Adolphus College and his J.D. from the University of Minnesota Law School.
Products Liability Practice (Illinois) (ARCHIVED 2014 EDITION)
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