Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of Montana, March 11, 2020 MONTANA – The defendant BNSF Railway Company’s (BNSF) appealed the lower court’s decision arguing that the court erred in granting partial summary judgment in favor of the plaintiffs on the issues of preemption, strict liability, and non-party affirmative defenses. As an overview, W. R. Grace acquired the assets … Continued
While the recent focus on electronic cigarettes and vaping products has been on their potential health effects on users, the Illinois EPA is looking at a potential new issue – the improper disposal of their waste products. A team at the Illinois EPA is developing methods to prevent toxic materials in discarded e-cigarettes and vaping … Continued
A string of recent decisions on remand motions illustrates that diversity challenges are alive and well in asbestos litigation. As the landscape of defendants changes as trial approaches, so do the defenses. Whether by settlement or dismissal, the remaining defendant or defendants have taken advantage of diversity issues to remove cases to more favorable federal … Continued
U.S. District Court C.D. of Illinois, February 25, 2020 ILLINOIS – The plaintiff sued several defendants alleging that Roy Hicks developed mesothelioma as a result of his exposure to asbestos for which the defendants were allegedly responsible. Specifically, Mr. Hicks alleged exposure to asbestos while working for the City of Bloomington, where he encountered asbestos … Continued
United States District Court, Southern District of Illinois, February 20, 2020 ILLINOIS – The plaintiffs, Arland and Dina Wieland, originally filed the instant matter in the Circuit Court of the Third Judicial Circuit, Madison County, alleging that Arland sustained injuries due to asbestos exposure. Trial in the matter started on Feb. 20, 2020 and on Feb. … Continued
ILLINOIS – The plaintiffs brought suit against more than 50 defendants alleging their decedent, Willard Krumwiede, developed and passed from mesothelioma as a result of occupational exposure to asbestos for which the defendants were liable. Specifically, the plaintiffs contended that Krumwiede was exposed to asbestos tape and caulk made by Tremco. Both products were purported … Continued
So far in 2020, the North Carolina Department of Environmental Quality (NC DEQ) proposed a maximum concentration level in groundwater for two PFAS compounds, while the Illinois Environmental Protection Agency released proposed draft amendments to its groundwater standards, including standards for a wide range of PFAS compounds. North Carolina’s and Illinois’ actions join prior efforts … Continued
ILLINOIS – On December 19, 2019, the Illinois First District Appellate Court affirmed $4.89 million verdict rendered in favor of deceased pleural mesothelioma claimant, Patrick O’Reilly, against the defendant, John Crane, Inc. The decedent O’Reilly was a union pipefitter from 1957 to 1998, and alleged that he was exposed to asbestos from replacing and installing … Continued
ILLINOIS — In John Jones et al. v. Pneumo-Abex LLC, et al., the Supreme Court of Illinois ruled on consolidated appeals of Owens-Illinois, Inc. and Pneumo Abex LLC regarding conspiracy claims related to suppressing information about the dangers of asbestos. Approximately 20 years ago, this court held that jury verdicts entered against Owens Corning and … Continued
In 2003, the Illinois Environmental Protection Agency had over 1,200 employees, including engineers, chemists, biologists, and attorneys. Last year, that number had been reduced to 639, according to a new report. “Protecting Illinois EPA’s Health, so that It Can Protect Ours,” published by the Abrams Environmental Law Clinic staff, documents reductions in staff and budget … Continued