Posts from January 2014.

In Parko, et al. v. Shell Oil Co. et al., Nos. 13-8023 & 8024 (7th Cir. Jan. 17, 2014), Judge Posner of the United States Court of Appeals for the Seventh Circuit recently reversed an order from the United States District Court for the Southern District of Illinois granting class certification to a group of plaintiffs who alleged that an industrial site leaked benzene and other contaminants into the groundwater under the proposed class members’ properties, thereby damaging the value of these properties.  Judge Posner distinguished the case from an opinion he authored in Mejdrech v ...


On October 11, 2013, the Illinois Appellate Court for the Fourth District, which includes 30 counties in central Illinois, affirmed summary judgment orders for two defendants. In Bowles v. Owens-Illinois, Inc., the Plaintiff, Decedent’s surviving spouse, brought lung cancer claims against Owens-Illinois and John Crane.

The cancer was allegedly caused by his exposure to asbestos while aboard the USS Floyd B. Parks. The Decedent was on board the Parks for less than two years. Additionally, the Decedent only worked in the ship’s radio room. The Plaintiff introduced deposition ...


Judge John Tharp of the U.S. District Court for the Northern District of Illinois recently granted a motion for summary judgment in favor of Ameren Illinois in the case of Peter Stanley v. Ameren Illinois Company, et al., 1:12-cv-06073, involving a 76-year-old engineer who died of mesothelioma.

Peter Stanley spent his career as a boiler engineer for Babcock & Wilcox.  From 1961 to 1967, he worked as a field start-up engineer, commissioning new boilers at numerous industrial sites throughout the Midwest.  No defendant disputed that Peter Stanley was exposed to asbestos from thermal ...


In Issue 48 of the Midwest Toxic Release (June 2012), we encouraged more investigation into the causes of non-smoking lung cancer cases as the number of lung cancer filings was rising.  Over a year later, the number of lung cancer cases filed in 2013 in Madison County and the City of St. Louis has exceeded the number of lung cancer cases filed in both jurisdictions in all of 2012.  As of December 16, 2013, in Madison County, 581 lung cancer cases had been filed.  In 2012, in Madison County, 488 lung cancer cases were filed and 153 lung cancer cases were filed in 2011.  Lung cancer cases in the City of ...

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