Examination of legislation passed in North Dakota, West Virginia, and Tennessee limiting the over-naming of defendants in toxic tort lawsuits
Category Archives: Toxic Tort
Illinois court grants summary judgment in mesothelioma case based on Maryland workers’ compensation exclusive remedy
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 […]
U.S. District Court Bars Expert Testimony from Staggs, Henry Anderson, and Kenneth Garza
April 25, 2018
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 […]
Madison County Circuit Court Considers Question of Duty, Grants Defendant U.S. Steel Corporation’s Motion for Summary Judgment
November 15, 2017
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 […]
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 […]
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 […]
Summary Judgment for Ameren Illinois in Northern District of Illinois Mesothelioma Case
January 2, 2014
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 […]
The Number of Lung Cancers Filed in Madison County and St. Louis City Continue to Climb
January 2, 2014
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 […]