Product Liability -- 2019



Pneumo Abex LLC v. Jones   (Illinois Supreme Court)

Manufacturer civil conspiracy liability

The NAM filed an amicus brief with the Illinois Supreme Court in an asbestos case appeal to explain that civil conspiracy claims should not be used to impose liability on innocent manufacturers for the actions of others when the manufacturer did not commit an unlawful act. After the trial court granted summary judgment for the defendants, the appellate court incorrectly ruled that plaintiffs presented sufficient evidence from which a reasonable jury could find an underlying agreement to hide product hazards. This litigation is important for manufacturers because entire industries could be held liable for a plaintiff’s injuries, without sufficient evidence. The NAM’s brief argues that the plaintiffs’ claim is an attempt to expand civil conspiracy without proof of an agreement to commit an unlawful act, courts have previously rejected these attempts, and if this ruling is allowed to stand, it will introduce an unprecedented expansion of litigation in Illinois. On December 19, 2019, the court agreed and reversed the appellate court's decision.


Related Documents:
NAM brief  (February 1, 2019)