Madison County, Illinois has traditionally been dubbed the “judicial hellhole” of asbestos litigation, but this designation shows signs of changing. In the first half of 2016, this venue had 29 percent of the nation’s asbestos filings. It has a history of unfair docketing practices, denial of forum non conveniens motions, and large plaintiff verdicts. Full-blown jury trials in asbestos litigation are rare for various reasons, not the least of which is the threat of multi-million dollar plaintiff verdicts, but in recent years Madison County jury …
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Madison County Jury Renders Defense Verdict for Brake Grinder Manufacturer
Plaintiffs Stan and Janet Urban, of West Bloomfield, Michigan, filed a lawsuit in Madison County, Illinois in March 2013. The plaintiffs alleged Mr. Urban developed mesothelioma due to asbestos exposure from using Ammco brake grinders while employed as a high school auto technology teacher. Defendant Hennessy Industries was the last remaining defendant at trial. Ammco is Hennessy’s predecessor. The jury disagreed with the plaintiffs’ request for $10 million, and rendered a verdict in favor of Hennessy.
The plaintiffs argued that Hennessy had the power to …
Continue ReadingFederal Court Grants Remand to Madison County Based on Plaintiff’s Waiver of Any Claims Related to His Military Service
In this case, the plaintiff originally filed the action in the Third Judicial Circuit, Madison County, Illinois alleging exposure to asbestos as an aircraft mechanic, helicopter mechanic, and laborer at various locations throughout the United States between 1958 and 2006. The plaintiff’s work on helicopters was while he served in the U.S. Army. Defendant Boeing removed the case to federal court based on the federal officer removal statute. The plaintiff moved for a remand based on his previously filed waiver of all claims related to …
Continue ReadingPersonal Jurisdiction Challenges Growing in Madison County; May Lead to Fewer Asbestos Filings
ILLINOIS — Continuing a national trend following the Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014), the Supreme Court of Illinois has issued a personal jurisdiction opinion that will limit the ability of out-of-state plaintiffs to file suit in Illinois against “non-resident” or foreign defendants.
In the matter of Aspen American Insurance Company v. Interstate Warehousing, Inc., Eastern Fish Company (Eastern) is a New Jersey-based corporation that sources and imports fish products. In 2013, Eastern contracted with …
Continue ReadingMadison County, IL Continues to Top the List for Asbestos Filings
According to a recent article published by the Madison County Record, Madison County, Illinois continues to top the list as the jurisdiction with the most asbestos filings nationally. Several Madison County firms (including Gori Julian & Associates, P.C., Simmons Hanly Conroy, and Maune Raichle) filed hundreds of asbestos cases in 2015 and appear on target to reach those numbers this year. Baltimore comes in as a distant second, with approximately 45 percent fewer cases than Madison County.
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New York Holds its Position as a “Judicial Hellhole” in 2024
Perhaps unsurprisingly, New York City — and New York City Asbestos Litigation or NYCAL — continues to hold its position as a judicial hellhole in 2024.
However, New York City was once ranked second; it is now ranked third, so perhaps this can be considered an improvement. The 2023-2024 Judicial Hellholes report is intended to shine a spotlight on nine jurisdictions that have earned reputations as Judicial Hellholes for various reasons.
As of July 2023, asbestos litigation filings increased more than 30 percent year over …
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New York City to Remain a “Judicial Hellhole” in 2021? Only Time Will Tell
While 2020 delayed many aspects of litigation due to the COVID-19 pandemic, some jurisdictions such as New York City still managed to hold its title as one of the nation’s top judicial hellholes. As previously reported by the Asbestos Case Tracker, as of November 13, 2020, New York terminated the scheduling of any new jury trials.
However, according to American Tort Reform Foundation 2020-21 Judicial Hellholes, New York City still managed to see a dramatic increase in nuclear verdicts. These multimillion-dollar awards were …
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Mid-2019 Asbestos Litigation Trends
KCIC recently issued 2019 Midyear Asbestos Litigation Trends , which compiled statistics through June 30, 2019, and assessed them in comparison with the data from its previous Asbestos Litigation: 2018 Year In Review. The overall takeaways from the update, each assessed at greater length below, are:
- While non-malignant and “other” cancer filings continued trending downward this year, as in 2018, 2019 is on track to see an increase in total filings
- The percentage of filings by the top 10 plaintiffs’ firms has decreased slightly
Asbestos Litigation Remains Strong Impetus for Inclusion on Judicial Hellhole Jurisdiction List
Last month, the American Tort Reform Association (ATRA) issued its always anticipated annual report on Judicial Hellholes. Not surprisingly, asbestos litigation remained a common engine driving the same familiar jurisdictions to repeated billing on the list. ATRA’s report attempts to shine a light on the conduct of all tort litigation in the United States, with attention to the uneven application of equal justice under the law, pretrial rulings, decisions during trial, unreasonable expansions of liability, and reflections on judicial integrity. Below, we’ll offer a …
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Plaintiff’s Motion to Remand Granted in Leopold v. Air
U.S. District Court for the Southern District of Illinois
In Leopold v. Air, plaintiff Debra Leopold filed an asbestos action in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Defendant Goulds Pumps, LLC removed the case to the U.S. District Court for the Southern District of Illinois pursuant to the provisions of 28 U.S.C. § 1442(a)(1) with only one defendant, Carrier Corporation joining in the motion. In response, the plaintiff filed a motion to remand. No objections were filed to the motion.…
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