Illinois Passes Bill Lifting 25 Year Statute of Repose for Occupational Disease Lawsuits

ILLINOIS — Senate Bill 1596 passed in the House on Thursday, March 14, and is expected to be signed by Governor J.B. Pritzker in short order. When Governor Pritzker signs the bill, it will take effect immediately. The measure will change provisions of the Illinois Workers’ Compensation Act and Workers’ Occupational Disease that had imposed a 25-year statute of repose for occupational injury and a three-year statute for occupational disease. The measure will effectively overturn Folta v. Ferro Engineering, an Illinois Supreme Court decision…
Continue reading...

On Reversal, Aircraft Manufacturer Successfully Obtains Removal on Federal Officer Grounds United States Court of Appeals, Seventh Circuit, December 14, 2018

ILLINOIS – The plaintiffs Bruce and Barbara Betzner (plaintiffs) commenced a lawsuit in Illinois State Court (Madison County) against, among other defendants, Boeing Company (Boeing), alleging that, during the course of the plaintiff Bruce Betzner’s (Mr. Betzner) employment, he was exposed to asbestos-containing products, resulting in his mesothelioma diagnosis. With particular regard to Boeing, the plaintiffs allege that Mr. Betzner’s assembly of heavy bomber aircraft for the United State Air Force, which involved the installation of Boeing components, exposed him to asbestos. Boeing filed a…
Continue reading...

Denial of Judgment Notwithstanding The Verdict Reversed For Welding Rod Defendant Appellate Court of Illinois, Fourth District, September 5, 2018

Illinois — Following a trial in which a jury found that Hobart Brothers Company (Hobart) had failed to warn the plaintiff, Charles McKinney of the dangers of asbestos from its welding rods, Hobart appealed the trial court’s denial of its motion for judgment notwithstanding the verdict. The appellate court reversed the trial court’s denial, finding no evidence in the record demonstrating that the welding industry knew in the 1960s that welding rods could release asbestos fibers, or that welding rods were a substantial cause of…
Continue reading...

Summary Judgment on Civil Conspiracy Claims Reversed Appellate Court of Illinois, August 10, 2018

ILLINOIS — The plaintiffs, John and Debra Jones, filed suit against Pneumo Abex LLC (Abex), Owens-Illinois, Inc. (O-I) and others, alleging John suffered from lung cancer as a result of exposure to asbestos while employed in construction. The plaintiffs alleged that Abex entered into a civil conspiracy with Johns-Manville to suppress information about the harmful health effects of asbestos. They asserted the same claim against O-I with regard to an alleged conspiracy with Owens-Corning Fiberglas Corporation (O-C). The trial court granted summary judgment for the…
Continue reading...

Concrete Factual Information Starts the 30-Day Removal Clock United States District Court, N.D. Illinois, Eastern Division., June 22, 2018

ILLINOIS — In September 2016, the plaintiff was diagnosed with mesothelioma, and in September 2017, he filed suit against a defendant, and a number of other parties, alleging his illness was caused by exposure to asbestos. The plaintiff claimed that his exposure occurred between 1970 and 2004 while he was serving in the United States Air Force, working as a commercial airline mechanic, and/or engaging in home remodeling and other activities. The defendant was served with the plaintiff’s complaint on September 21, 2017 and filed…
Continue reading...

Illinois Appellate Court Affirms Summary Judgment on Conspiracy Claims Appellate Court of Illinois, June 19, 2018

ILLINOIS — The plaintiff, James Johnson, was diagnosed with asbestosis after working with insulation products in the construction industry, beginning in 1965. He filed suit against numerous defendants, and included a claim that Pneumo Abex LLC, Owens-Illinois, Inc., Metropolitan Life Insurance Company and Honeywell International, Inc. were involved in a civil conspiracy to conceal the dangers of asbestos. The trial court thoroughly reviewed the evidence obtained during discovery and presented at hearings, including the Saranac Study, and determined there was not clear and convincing evidence…
Continue reading...

Dismissal of RICO Suit Against Plaintiffs’ Firms Affirmed Upon a Finding of Lack of Jurisdiction U.S. Court of Appeals, Seventh Circuit, June 4, 2018

ILLINOIS — Plaintiff John Crane Inc. (JCI) brought Racketeer Influenced and Corrupt Organizations Act (RICO) suits against two plaintiffs’ firms in Illinois alleging the firms conspired to hide evidence related to exposure to other asbestos products throughout discovery in numerous cases. The defendants, the Shein Law Center and Simon Greenstone Pantier Bartlett (Simon), moved to dismiss the complaint for lack of personal jurisdiction. Shein also moved to dismiss for lack of subject matter jurisdiction. The District Court dismissed for after determining it lacked personal jurisdiction.…
Continue reading...

Seventh Circuit Upholds Dismiss of John Crane’s Fraud Suit Against Plaintiff’s Counsel Based Upon Lack of Personal Jurisdiction Seventh Circuit Court of Appeals, June 4, 2018

ILLINOIS – John Crane filed separate lawsuits against two plaintiffs’ law firms, Shein Law Center and Simon Greenstone Panatier Bartlett, alleging fraud, conspiracy and violations of the RICO Act related to asbestos lawsuits filed by the firms against John Crane. Shein Law Center is based in Pennsylvania, while Simon Greenstone is based in Texas. John Crane is an Illinois resident. John Crane filed suit against the firms in the Northern District of Illinois. The district court dismissed both matters due to a lack of personal…
Continue reading...

Lack of Personal Jurisdiction Over Defendant Leads to Remand and Dismissal Appellate Court of Illinois, First District, Sixth Division, May 18, 2018

ILLINOIS — The plaintiff brought this action against General Electric (GE) arguing that he developed mesothelioma from exposure during his work at various locations for Republic Steel from 1961-1999. According to the plaintiff, the work took place in Illinois, Alabama, Louisiana, and Texas. The plaintiff, a resident of Alabama, filed suit in Illinois. GE moved to dismiss the matter for lack of personal jurisdiction. Specifically, GE argued that the plaintiff’s complaint lacked facts establishing personal jurisdiction through Illinois’ long-arm statute. Moreover, GE took the position…
Continue reading...

Personal Jurisdiction Challenges Growing in Madison County; May Lead to Fewer Asbestos Filings Supreme Court of Illinois, September 21, 2017

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 reading...