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Illinois Top Court Remands Secondhand Exposure Case For Amendment

SPRINGFIELD, Ill. - Avoiding the issue of whether duty exists to protect household members from asbestos, a divided Illinois Supreme Court on March 22 remanded a woman's action so that she can try to better meet the foreseeability standard ( Cynthia ...read more

Illinois Appeals Panel: Trial Court Improperly Dropped Man's Injury Claims

OTTAWA, Ill. - A split Third District Illinois Appellate Court panel on April 10 reversed summary judgment for the defendants in a premises liability action, ruling that the trial court erred by finding that a crack in a grocery store parking lot that ...read more

Federal Judge Refuses To Dismiss Insurers' Suit Seeking Reimbursement Of $12.25 M

CHICAGO - Although a dryer manufacturer's arguments might call for separate trials or severing some claims at some point in time, none requires dismissal of three insurers' complaint seeking reimbursement of $12.25 million they have paid to insureds ...read more

Illinois Appeals Panel: Judge Properly Based Damages On Contract Terms

MOUNT VERNON, Ill. - The Fifth District Illinois Appellate Court on April 20 affirmed a trial court decision involving an alleged breach of a construction contract, concluding that the plaintiff was seeking a disproportionate amount of damages compared ...read more

8 Pradaxa Lawsuits Filed In Illinois Federal Court Alleging Internal Bleeding

EAST ST. LOUIS, Ill. - A woman who says she was hospitalized for 12 days when the blood thinner drug Pradaxa caused severe gastrointestinal bleeding on May 11 sued manufacturer Boehringer Ingelheim Pharmaceuticals Inc. in an Illinois federal court, one ...read more

Illinois Appeals Panel: Plaintiffs Lacked Evidence Regarding Icy Mall Sidewalk

CHICAGO - A First District Illinois Appellate Court panel on June 22 upheld summary judgment for the defendants in a premises liability action, agreeing that the plaintiffs failed to show that an unnatural accumulation of ice at a strip mall caused a ...read more

Court Finds Association Can Pursue Mold-Related Claims Against Contractor

CHICAGO - After finding that a disclaimer of the implied warranty of habitability applied only to an agreement between the seller of condominium units that contained mold growth and the individual unit owners, an Illinois appeals court on June 21 reversed ...read more

Court Denies Rehearing After Affirming $420,000 Award Against Asbestos Attorneys

NEW ORLEANS - A ruling affirming a $420,000 verdict against plaintiffs' lawyers for filing deceptive asbestos claims against a railroad stands after the Fifth Circuit U.S. Court of Appeals on July 16 denied rehearing (Illinois Central Railroad Co ...read more

MDL Judge Denies Dismissal Of Master Complaint In Zimmer NexGen Knee Case

CHICAGO - The Illinois federal judge overseeing the Zimmer NexGen knee implant multidistrict litigation on Aug. 16 denied a defense motion to partially dismiss the plaintiffs' master long form complaint and jury demand ( In Re: Zimmer NexGen Knee ...read more

Illinois Appeals Panel: Man Failed To Show Melted Snow Made Him Fall

OTTAWA, Ill. - An Illinois appellate panel on Aug. 17 affirmed summary judgment for the defendants in a slip-and-fall injury action, concluding that the plaintiff "presented no factual link between the water source and the ice upon which he fell" ...read more

Plaintiffs Ordered To Show Why Benzene Claims Aren't Covered By Workers' Comp

ST. LOUIS - Plaintiffs asserting wrongful death from benzene exposure have six days to overcome the exclusive remedy provision of the California Workers' Compensation Act (CWCA) by filing an amended complaint pleading that a California company knew ...read more

Wisconsin Supreme Court Accepts Case Involving Evidence Held By Former Attorney

MADISON, Wis. - Wisconsin's top court on Sept. 14 agreed to take up an asbestos case in which the state's appeals court allowed admission of allegedly 20-year-old corporate documents possessed by the company's former attorney, sources told ...read more

Watson Pain Patch MDL Judge Names Plaintiff, Defense Lead Counsel, Alternates

CHICAGO - The Illinois federal judge overseeing the new Watson Pharmaceutical Inc. fentanyl patch multidistrict litigation on Sept. 24 appointed lead and alternative lead counsel for the litigation (In Re: Watson Fentanyl Patch Products Liability Litigation ...read more

Pradaxa MDL Judge Names Plaintiff, Defense Leadership

EAST ST. LOUIS, Ill. - The Illinois federal judge overseeing the new Pradaxa multidistrict litigation on Sept. 27 appointed leadership for the plaintiffs and defendant Boehringer Ingelheim Pharmaceuticals Inc. ( In Re: Pradaxa [Dabigatran Extexilate] ...read more

Judge Finds Allegations In Complaints Insufficient For Notice Of Removability

BALTIMORE - Three complaints indicating occupation and times and locations of employment fall short of putting a defendant on notice that the actions were removable, which occurred only after the plaintiffs listed specific ships on which they worked, ...read more

7th Circuit Says Motion To Consolidate Depakote Suits Triggers CAFA Jurisdiction

CHICAGO - Resolving a split between two district courts, the Seventh Circuit U.S. Court of Appeals on Oct. 16 ruled that plaintiffs' motions to consolidate 10 Illinois state court cases involving Abbott Laboratories' anti-seizure drug Depakote ...read more

Illinois Supreme Court: Summary Judgment Proper In Bridge Collapse Injury Case

SPRINGFIELD, Ill. - The Illinois Supreme Court on Oct. 18 reinstated a trial court's decision to grant summary judgment to a defendant in a construction accident action, ruling that a general contractor did not have a duty to preserve evidence following ...read more

Illinois Appeals Panel: Woman Failed To Show Damage From Medical Negligence

CHICAGO - The First District Illinois Appellate Court on Nov. 16 upheld a trial court's decision to dismiss a woman's medical negligence claims, concluding that the plaintiff failed to produce required affidavits ( Berniece Hutton v. Holy Cross ...read more

Illinois Appeals Court: Owner Not Responsible For Injuries From Roof Collapse

CHICAGO - The First District Illinois Appellate Court on Nov. 30 affirmed summary judgment for a property owner named as the defendant in a premises liability case, concluding that the defendant did not have notice that building materials holding up a ...read more

Illinois Appeals Court: Property Owners' Levees Constituted A Nuisance

MOUNT VERNON, Ill. - The Fifth District Illinois Appellate Court on Dec. 4 overturned judgment for the defendants in an action alleging that the negligent building of levees caused flooding in neighboring areas, holding that the "defendants' ...read more

Illinois Appeals Panel: Trial Court Properly Dropped Premises Liability Claims

OTTAWA, Ill. - The Third District Illinois Appellate Court on Dec. 14 upheld summary judgment for a property owner in a slip-and-fall injury action, agreeing that the plaintiff's claims are barred by the construction statute of repose (Lana Zimmer ...read more

Judge: Pradaxa Plaintiffs Can Conduct Discovery Into Other Boehringer Drug Suits

EAST ST. LOUIS, Ill. - Information from defendant Boehringer Ingelheim Pharmaceuticals Inc. (BIPI) about its off-label promotion of and kickbacks paid in connection with other drugs can be pursued by plaintiffs in the Pradaxa multidistrict litigation ...read more

Illinois Judge Grants Bill Of Discovery In Fatal Condo Fire Action

CHICAGO - An Illinois judge on Jan. 28 granted a plaintiff's emergency bill of discovery in a wrongful death action filed following a fatal condominium fire, ordering the defendants to preserve 911 tapes and other documents (Patricia Fasula v. Lakefront ...read more

Illinois Federal Judge Reduces Punitive Award For Injury In Grain Bin Explosion

EAST ST. LOUIS, Ill. - A federal judge in Illinois on Feb. 8 agreed to decrease by more than $7 million the amount of punitive damages awarded to a worker who was seriously injured in an explosion, calling the original award excessive (John W. Jentz, ...read more

Most Watson Fentanyl Patch MDL Cases Reported Settled

CHICAGO - A settlement approval hearing for most of the federal Watson fentanyl patch cases was scheduled in a March 12 order by the Illinois federal judge overseeing the litigation (In Re: Watson Fentanyl Patch Products Litigation, MDL No. 2372, N.D ...read more