Category Archives: Illinois

Southern District of Illinois Denies Motion to Remand Alleged Aircraft Engine Asbestos Exposure Based on Federal Contractor Defense U.S. District Court for the Southern District of Illinois, April 14, 2015

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 colorable defense.” The plaintiff moved to remand the case, claiming the defendants could not establish a colorable defense in accordance with the U.S. Supreme Court decision in Boyle, which…

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FELA Asbestos Verdict Upheld on Appeal, Rejecting Defendant’s Challenge to Lack of Evidence of Negligence and Charge on Preexisting Injury Appellate Court of Illinois, March 17, 2015

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 negligent and that the trial court should not have charged the jury on aggravation of a preexisting condition related to the decedent’s smoking. On appeal, the court rejected the argument…

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Challenges to Sufficiency of Asbestos Plaintiffs’ Pleadings Continue in Illinois and Missouri Federal Courts Eastern District of Missouri and the Southern District of Illinois

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 plaintiff’s complaint or to compel a more definitive statement on the ground that the “Plaintiffs’ First Amended Petition fails to plead with sufficient particularity which of Raypack’s product(s)…

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