Search Results for: Madison county

Case Decisions / Federal Officer Removal / Louisiana / Remand/Removal
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Affidavits Used in Other Cases Enough to Establish Removal Under Federal Officer Jurisdiction

The plaintiff brought a wrongful death lawsuit after her husband died of mesothelioma, alleging asbestos exposure during her husband’s service in the Navy. Originally filed in Madison County, Illinois, defendant Crane Co. removed on the basis of the federal officer removal statute. The plaintiff filed a motion to remand, arguing that Crane waived its right to remove by first filing a motion to dismiss in state court, and that Crane failed to establish federal subject matter jurisdiction. The court denied the plaintiff’s motion.

Regarding waiver …

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Science
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New Considerations in Defending Against Lung Cancer Cases Part 2: Genetic Signatures

Lung cancer claiming in asbestos litigation is not gone. To the contrary, a very recent report from KCIC points out the numbers, including 60 lung cancer filings this year by Napoli Shkolnick, 54 cases by Weitz & Luxenberg, and 35 by the Simmons firm.

More broadly, KCIC explained:

Lung cancer filings make up about 24 percent of the total filings received this year through August 31. Of these cases, Gori Julian & Associates filed the most cases at 120 and Napoli Shkolnik is second with

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Case Decisions / Discovery / Illinois
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Meeting Agendas Between Non-Party Consultant and Counsel for Asbestos Friction Clients Not Privileged

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 Maune’s subpoena. Exponent appealed this contempt order as well as the underlying discovery order. Exponent argued that the circuit court abused its discretion in requiring production of these documents, because …

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Case Decisions / Federal Officer Jurisdiction / Illinois
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Case Remanded Based on Dismissal and Settlement of Defendants with Federal Defenses

This case was originally filed in the Third Judicial Circuit in Madison County. The defendant, Crane Co., removed based on the Federal Officer Removal Statute 28 U.S.C. 1442(a)(1) and defendant General Electric Company (GE) joined in. The plaintiff moved to remand the case and GE was the only defendant to oppose. Prior to the court rendering a decision, GE was dismissed from the case and Crane settled. CBS Corporation then filed a notice of joinder or removal, which the court found untimely.

The court granted …

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Case Decisions / Illinois
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Defendant Establishes Colorable Defense Under Federal Law, Plaintiff’s Motion to Remand Denied

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 listing the three elements required to establish a colorable defense to the use-of-asbestos claim: (1) the United States approved reasonably precise specifications; (2) the equipment conformed to those specifications; (3) …

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Our Team

Goldberg Segalla’s Asbestos Case Tracker will keep you up-to-date on asbestos litigation with access to the latest court decisions, legislative updates, and other developments from across the country. Our asbestos team has decades of experience in this complex and ever-evolving area of law. We serve as national coordinating, trial, and local counsel for clients in a broad spectrum of industries that have been joined in asbestos litigation and our team has litigated thousands of cases over the last 30 years. Goldberg Segalla has a team …

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