Examination of legislation passed in North Dakota, West Virginia, and Tennessee limiting the over-naming of defendants in toxic tort lawsuits
This entry was posted in Toxic Tort and tagged Over-Naming Defendants on .
Illinois court grants summary judgment in mesothelioma case based on Maryland workers’ compensation exclusive remedy
This entry was posted in Toxic Tort and tagged Exclusive Remedy, Labor and Employment Law, Mesothelioma, Workers Compensation on .
In Campbell v. General Electric, 2018 IL App (1st) 173051, the Appellate Court of Illinois, First District, recently reversed the Cook County Circuit Court’s finding of personal jurisdiction over General Electric (“GE”) in an asbestos case. In directing that GE be dismissed from the case due to a lack of personal jurisdiction, the court struck down […]
This entry was posted in Toxic Tort and tagged Asbestos, Illinois Appellate Court, Personal Jurisdiction on .
Recently, after extensive oral arguments, HeplerBroom Partner Josh Schumacher convinced the United States District Court for the Eastern District of Wisconsin to bar several Plaintiffs’ experts from offering specific causation or industrial hygiene opinions pursuant to Daubert v. Merrel. Dow Pharmaceuticals, 509 U.S. 579 (1993) and its progeny. The Daubert hearing was conducted by United […]
This entry was posted in Toxic Tort and tagged Asbestos Cumulative Exposure Opinions, U.S. District Court for Eastern District of Wisconsin on .
The Madison County Circuit Court recently granted defendant U.S. Steel Corporation’s Motion for Summary Judgment, in the matter of Taylor v. Air & Liquid Systems Corp., a/k/a Buffalo Pumps, Inc., et al., Case No. 15 L 652. This was a wrongful-death case arising from alleged exposure to asbestos on U.S. Steel’s premises. A key question […]
This entry was posted in Civil Litigation, Toxic Tort and tagged Asbestos, Duty of Care on .
Recently, in the matter of Tate v. Pecora Corp., Case No. 16-L-1399, the Madison County Circuit Court has dismissed a Plaintiff’s asbestos complaint for lack of personal jurisdiction pursuant to M.M. ex rel. Meyers v. GlaxoSmithKline LLC, 61 N.E. 3d 1026 (Ill. App. 2016). In GlaxoSmithKline, the Chicago-based Illinois First Appellate District ruled that plaintiffs […]
This entry was posted in Civil Litigation, Toxic Tort and tagged Asbestos, Personal Jurisdiction on .
Garretson Resolution Group (Garretson) conducted a meeting in January, 2015 attended by HeplerBroom, other members of the asbestos defense bar, and counsel for asbestos plaintiffs. At the meeting, it introduced its new Asbestos Malignancy Alternative Resolution Process (which Garretson refers to as the AMP). Garretson stated that several years ago, it reached an agreement with […]
This entry was posted in Toxic Tort on .
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 […]
This entry was posted in Toxic Tort on .
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 […]
This entry was posted in Toxic Tort on .
