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US Supreme Court: Daimler Personal Jurisdiction Constraints Constant Despite Type of Claim or Business Sued

Author

Candice C. Kusmer

In an 8-1 decision penned by Justice Ruth Bader Ginsburg, the US Supreme Court yesterday held that the Daimler due process analysis for determining general jurisdiction over an out-of-state defendant “does not vary with the type of claim asserted or business enterprise sued.”  BNSF Railway Co. v. Tyrrell, et al., — S. Ct. –, 2017 WL 2322834 (2017).  In so holding, the Court reversed the Montana Supreme Court’s exercise of general jurisdiction over defendant BNSF Railway in two Montana state court Federal Employers’ Liability Act (FELA) cases. The Court first rejected the Montana Supreme Court’s reliance on FELA statute 45

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Illinois Supreme Court Tightens the Reins on School District Cases in Barr v. Cunningham

Author

Joshua N. Severit

The Illinois Supreme Court recently affirmed a Cook County trial court’s directed verdict for a school district and its employee in connection with an injury sustained by a student during physical education class. In Barr v. Cunningham, 2017 IL 120751, a high-school student filed suit against his physical education instructor and Township High School District 211 for injuries sustained when an errant ball struck his eye during a game of P.E. floor hockey. The student alleged that his instructor’s conduct was willful and wanton by failing to require all students to wear protective eyewear while playing floor hockey. The trial

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  • Editor

  • CANDICE C. KUSMER

    Candice Kusmer enjoys working with several of Kurowski Shultz’s major clients, oversees the firm’s asbestos docket in Central Illinois and handles high-level matters in Madison County. An accomplished writer, she has a passion for writing and leads the firm’s Appellate Practice.

  • Contributors

  • LINDSAY A. DIBLER

    Mr. Dibler has been with Kurowski Shultz since 2002 and is responsible for the firm's substantial St. Louis City and Cook County (Chicago) asbestos dockets. He is one of few defense counsel who have taken verdicts in the challenging defense environment of St. Louis City.

  • JUSTIN A. REINHARDT

    Justin Reinhardt joined Kurowski Shultz in July 2015. He concentrates his practice in complex civil litigation and toxic tort defense. He is licensed to practice law in the state of Missouri. He is a member of the Missouri Bar, the Bar Association of Metropolitan St. Louis, the Illinois State Bar Association, and the American Bar Association.

  • KYLER H. STEVENS

    Kyler Stevens has been with Kurowski Shultz since October 2012 and has focused his practice on complex civil litigation, protecting the interests of large and small businesses alike. Mr. Stevens is also active in the defense of schools and municipal corporations in various civil matters.

  • Alexander J. Baker

    Alexander J. Baker joined Kurowski Shultz in 2012. His practice area concentrates on complex civil litigation including the defense of toxic tort and personal injury lawsuits. Mr. Baker also recently tried to verdict a Southern District of Illinois pro bono case regarding First Amendment rights and violations of the Fourteenth Amendment right to equal protection under the US Constitution. He is an active member of the St. Clair County and the Illinois State Bar Association.

  • Joshua N. Severit

    Joshua N. Severit, joined Kurowski Shultz in July 2016. Mr. Severit specializes in toxic tort and personal injury. He is a member of the Illinois State and Madison County Bar Associations and is licensed to practice law in Illinois.