Product Liability -- 2020



Lewis v. Lead Industries Ass'n   (Illinois Supreme Court)

No-injury class actions for medical testing

The NAM filed an amicus brief in the Illinois Supreme Court to overturn an appellate ruling that would expose manufacturers to open-ended lawsuits where the plaintiffs suffered no actual harm. Plaintiffs sued several NAM member companies, claiming those companies conspired to hide the potential harms of lead pigment in paints and other products. The only alleged harm the plaintiffs could allege, however, was the cost of blood tests for lead exposure. The tests did not reveal any elevated lead levels, so the plaintiffs sought to recover the costs of the tests—even though Medicaid paid for the entire cost of the tests. An Illinois trial court ruled against the plaintiffs, but an Illinois appellate court reversed, concluding that the cost of the tests could establish harm even though the federal government covered the costs. If not reversed by the Illinois Supreme Court, this precedent could expose manufacturers to limitless potential liability for a range of no-injury class action lawsuits. The NAM’s amicus brief explains the potential ramifications of this litigation for manufacturers and explains why the appellate ruling should be reversed.On May 21, 2020, the court issued a strong opinion agreeing with NAM that plaintiffs who do not suffer any economic loss cannot bring a tort action that is based on a claim that alleges solely an economic injury and no physical injury or property damage.


Related Documents:
NAM brief  (April 23, 2019)