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Posts from the ‘Asbestos’ Category

Genetic Mutation Defense in Asbestos Cases

Over the last few years, asbestos defense attorneys have slowly begun to introduce a defense to the causation of mesothelioma related to a specific genetic mutation. In a recent study, scientists have found that individuals who carry a mutation in a gene called BAP1 are susceptible to developing mesothelioma.  See Testa JR, Cheung M, Pei J, Below JE, Tan Y, Sementino E, Cox NJ, Dogan AU, Pass H, Trusa S, Hesdorffer M, Nasu M, Powers A, Rivera Z, Comertpay S, Tanji M, Gaudino G, Yang, H and Carbone M. Germline BAP1 mutations predispose to malignant Mesothelioma. Nature Genetics. Online August 28, 2011. DOI: 10.1038/ng.912. Additionally, when these individuals are exposed to asbestos or similar mineral fibers, their risk of developing mesothelioma may be markedly increased. Read more

Illinois Supreme Court Upholds the Exclusive Remedy Provisions of the Workers’ Compensation Act and the Workers’ Occupational Diseases Act in Asbestos Related Diseases

On November 4, 2015, the Illinois Supreme Court filed the attached opinion in the matter of Folta v. Ferro Engineering, 2015 L 118070. In a 4-2 decision, the Court held that when the employee’s injury or disease first manifests after the expiration of certain time limitations under the Workers’ Compensation Act (820 ILCS 305/1 et seq. (West 2010)) and the Workers’ Occupational Diseases Act (820 ILCS 310/1 et seq. (West 2010)), the employee’s action is barred by the exclusive remedy provisions of those acts. Read more

Personal Jurisdiction Considerations in Missouri & Illinois after Daimler AG v. Bauman, 134 S. Ct. 746 (2014)

On January 14, 2014, the United States Supreme Court decided the case of Daimler AG v. Bauman, 134 S. Ct. 746 (2014). The background of this case is as follows: Daimler is a German corporation which was sued in California by Argentinian plaintiffs for human rights violations in Argentina.  The United States Court of Appeals for the Ninth Circuit upheld jurisdiction, reasoning that Mercedes-Benz USA, an indirect subsidiary of Daimler, was indeed an agent of Daimler and that the exercise of personal jurisdiction over Daimler was reasonable “under the circumstances of this case”. The circuits have disagreed over when such conduct may be attributed to a parent corporation, and Daimler argued that the Ninth Circuit made it too easy to attribute one corporation’s behavior to another. Read more

Illinois Amends Construction Statute of Repose To Exclude Asbestos Claims, But Amendment Not Be Retroactive In Certain Cases

Amendment Excludes Asbestos Claims

In December, 2014, former Governor Pat Quinn signed Public Act 98-1131, § 5, into law, adding Subsection (f) to Illinois’ Construction Statute of Repose (735 ILCS 5/13-214) to exclude claims based on personal injury, disability, disease, or death resulting from the “discharge into the environment of asbestos.”  All other language of the statute remains unchanged.  The relevant text of the statute, as amended, reads as follows:

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Updates To Illinois Personal Jurisdiction Law After In re Plavix Related Cases and its Applicability to Illinois Asbestos Cases

In the recent case of In re Plavix Related Cases, 2014 WL 3928240 (2014), the Court narrowed the scope of personal jurisdiction in Illinois for out-of-state residents attempting to file a claim in Illinois courts. Specifically, In re Plavix Related Cases deals with the situation of several non-Illinois residents suing non-Illinois corporations in Illinois courts.

The In re Plavix Related Cases court began with a review of general jurisdiction. “Personal jurisdiction is a court’s power to bring a person into its adjudicative process.” In re M. W., 232 Ill. 2d 408, 415 (2009). To be valid, the exercise of personal jurisdiction must be authorized by state law and consistent with state and federal due process. Illinois law authorizes courts to exercise jurisdiction over non-resident defendants to the full extent permitted by the Illinois and federal Constitutions, 735 ILCS 5/2-209(c), and Illinois due process is satisfied when federal due process requirements are met. See Russell v. SNFA, 987 N.E.2d 778, 785 (2013). Therefore, the only issue the Court need decide is whether the exercise of jurisdiction in this case comports with due process under the Fourteenth Amendment to the United States Constitution. See Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846, 2853 (2011). Read more

New Amendments to the Missouri Workers’ Compensation Act Impact Asbestos Litigation

Beginning on January 1, 2014, the Missouri Workers’ Compensation Act applies to mesothelioma and other toxic exposure. On July 11, 2013, Missouri Governor Jay Nixon signed Senate Bill 1, which amended the Missouri Workers’ Compensation Act, modifying the Act’s language regarding the Second Injury Fund and occupational diseases. For the purposes of this article, we will focus on the changes to the Act made to occupational diseases under Senate Bill 1. Read more

Illinois Supreme Court Addresses Forum Non Conveniens in Asbestos Case

The Illinois Supreme Court recently issued an opinion concerning the doctrine of interstate forum non conveniens, which allows a court to decline jurisdiction of a case, even though it may have proper jurisdiction over the subject matter and the parties, if another forum would better serve the convenience of the parties and promote justice.  The case, Fennell v. Illinois Central Railroad Co., 2012 IL 113812 (Dec. 28, 2012) involved a forum non conveniens motion brought by the defendant where the plaintiff resided in Mississippi, the injury occurred in Mississippi or Louisiana, the defendant maintained offices in Mississippi and Tennessee, and the only connections to Illinois were the location of the attorneys’ offices, some documentary evidence, and the location of one of the plaintiff’s experts. The Circuit Court of St. Clair County, Illinois denied defendant’s Motion to Dismiss on forum non conveniens grounds, which was affirmed by the Fifth Circuit.  Read more