Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiffs’ law firm of Maune Raichle Hartley French & Mudd, LLC (Maune) subpoenaed documents from Exponent, Inc., a non-party in Maune’s asbestos litigation pending in Madison County, Illinois. At the request of Exponent, the circuit court held Exponent in friendly civil contempt for refusing to provide an unredacted version of certain documents requested in …
The plaintiffs sued defendant Tremco, Inc. alleging asbestos exposure from tape used in the plaintiff’s profession as a plasterer. The plaintiffs alleged the development of pleural plaques and interstitial fibrosis. The jury found in favor of the plaintiffs, and Tremco appealed. The appellate court reversed the trial court’s judgment, finding that the court should have …
The plaintiff filed an action for negligence in Illinois state court, alleging she contracted mesothelioma through “take home” exposure from her son, who used asbestos friction paper while working as a mechanic. The defendants removed to federal court based on diversity. Defendant MW Custom Papers LLC, as successor-in-interest to Mead Corporation, filed a 12(b)(6) motion …
In four different rulings in the same case, the Southern District of Illinois struck portions of pre-trial disclosures filed by the plaintiff and various defendants. In their pre-trial disclosures, defendants Ingersoll-Rand, Viking Pumps, and Excelsior identified no witnesses and reserved the right to call numerous un-named witnesses at trial. The plaintiff also reserved the right …
In this case, the defendant that used asbestos in some of its production while in business filed chapter 11. There remained 123 claims against the defendant and the defendant’s proposed chapter 11 plan stated that the “liability issues will pass through the bankruptcy and be tried in non-bankruptcy courts having jurisdiction.” The defendant objected to …
Defendants General Electric, Ingersoll-Rand, and CBS Corporation moved to dismiss for lack of jurisdiction. The plaintiff failed to respond to any of these motions. The court cited Local Rule 7.1(c) in using its discretion to construe this failure to file a timely response as an admission of the merits of the motion. “Here, Defendants are …
The plaintiff was employed by Ferro Engineering for four years, and alleged that during this time he was exposed to products containing asbestos. Forty-one years after this employment he was diagnosed with mesothelioma, and sued Ferro under several theories including negligence. Ferro filed a motion to dismiss, arguing the plaintiff’s claims were barred by the …
The plaintiff filed this action in Madison County, Illinois, alleging injury due to asbestos exposure. The defendants, CBS and General Electric, removed the action to federal court under federal officer removal statute 28 U.S.C. 1442. The plaintiff filed a motion to remand, which the court denied. The court cited the United States Supreme Court in …