Products Liability
3/17/2008 8:26:15 PM EST
Brazas on the Illinois Supreme Court's conflict of laws analyses in Townsend v. Sears, Roebuck & Co., 2007 III. LEXIS 1701 (Ill. 2007) and Barbara's Sales, Inc. v. Intel Corp., 2007 Ill. LEXIS 1698 (Ill. Nov. 29, 2007)
Attorney, Bolgrien, Koepke & Kimes
On November 29, 2007, the Illinois Supreme Court issued two opinions addressing, for the first time in many years, conflict of laws analysis. In this surprising reversal of the trial and appellate courts, the Townsend court applied Michigan law to a products liability case for severe injuries suffered by a child run over by a lawn mower. The significant differences in the remedies available under Michigan law, as compared to Illinois law, dealt a blow to the plaintiff's prospects upon remand. This commentary, written by Susan M. Brazas, frequent author and lecturer on civil practice matters, discusses the impact and implications of this novel and ground-breaking opinion.
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