Illinois Archives

Category: Illinois

September 22, 2015 • Case Decisions, Illinois, Motions in Limine

Defendants’ Motion in Limine To Exclude Expert Testimony on “Each and Every Exposure” Opinion Denied Based on Federal and Illinois Law

Various defendants filed a motion in limine to exclude the testimony of Matthew A. Vuskovich, M.D., M.S.P.H., arguing that he does not satisfy the requirements for expert testimony outlined in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). Specifically, defendants sought to exclude his opinions based on the “every exposure” theory, because it … Continued

August 25, 2015 • Case Decisions, Expert Challenges, Illinois

Preclusion of Plaintiff’s Expert Witness and Defendant’s Investigation of Juror Do Not Warrant New Trial

In this federal case, the plaintiff, Charles Krik, sued Owens-Illinois and ExxonMobil and claimed they negligently exposed him to asbestos, causing his lung cancer. The case went to trial and a verdict was returned in favor of the defendants as the jury found that the plaintiff’s smoking was the sole cause of his lung cancer. The … Continued

July 30, 2015 • Case Decisions, Illinois, Summary Judgment

Illinois Appellate Court Reverses Verdict Based on Defendant Being Precluded from Introducing Alternative Exposure Evidence

In this Illinois case, the plaintiff claimed at that he was exposed to asbestos at property owned by the defendant. At trial, the defendant sought to introduce into evidence other substantial asbestos exposure at a different unrelated facility. The defendant’s argument was that the other, more substantial exposure was the sole proximate cause of the … Continued

April 14, 2015 • Case Decisions, Federal Officer Jurisdiction, Illinois

Southern District of Illinois Denies Motion to Remand Alleged Aircraft Engine Asbestos Exposure Based on Federal Contractor Defense

After the plaintiff commenced an action alleging asbestos exposure in connection with Air Force aircraft engines, the defendants removed the action to federal court under 28 U.S.C. 1442(a)(1), which permits removal “by federal officers or any persons acting under a federal officer for any act under color of such office where such person asserts a … Continued

March 17, 2015 • Case Decisions, FELA, Illinois

FELA Asbestos Verdict Upheld on Appeal, Rejecting Defendant’s Challenge to Lack of Evidence of Negligence and Charge on Preexisting Injury

The plaintiff brought this action claiming that the decedent’s work as a laborer and machinist for Illinois Central and its predecessor caused him to be exposed to asbestos and to develop lung cancer. After the jury awarded $2.6 million, with a 45 percent reduction for smoking, the defendant, Illinois Central, appealed, arguing it was not … Continued

March 6, 2015 • Case Decisions, Illinois, Missouri, Pleadings Challenge

Challenges to Sufficiency of Asbestos Plaintiffs’ Pleadings Continue in Illinois and Missouri Federal Courts

In two decisions issued Thursday out of the Eastern District of Missouri and the Southern District of Illinois, the courts reached different conclusions as to whether the respective plaintiffs sufficiently pleaded causes of action against the defendants under Federal Rule of Civil Procedure 12(b)(6). In Campbell v. ABB Inc., the defendant Raypack moved to dismiss the … Continued