IBM secures dismissal with prejudice in chemical exposure lawsuit

Client(s) International Business Machines Corporation

On behalf of International Business Machines Corporation ("IBM"), Jones Day secured a final judgment dismissing, with prejudice, all liability claims brought by Cook County plaintiffs based on allegations that their injuries were caused by exposure to IBM cleaning products. The court dismissed all of plaintiffs' claims against IBM as time-barred by Illinois' statutes of limitations and repose. The written decision helps pave an easier path for defendants in toxic tort cases to secure dismissal predicated on Illinois' statutory time bars by affirming that the repose period for strict products liability claims is triggered by initial exposure and not the discovery of injury and providing valuable guidance on the interrelationship among Illinois' statute of limitations, relation-back statute, and refiling statute.

Brown v. Sunnyside Corp., et al., No. 2025-L-063014 (Cir. Ct. Cook Cty., Ill.)