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Court Affirms Denial Of Request To Add Evidence On Mold Spoliation

MARKHAM, Ill. - An Illinois appeals court on March 9 affirmed a trial court's decision to deny a motion to amend filed by a former employee at a law firm who sought to add a claim for spoliation of mold evidence, finding that her request was not timely ...read more

Fume Injury Claims Survive No-Evidence Judgment Motion In Illinois Federal Court

CHICAGO - The personal injury claims of a truck driver alleging a respiratory injury from exposure to paint solvent fumes survived a defense motion for no-causation summary judgment in an order entered March 15 in the U.S. District Court for the Northern ...read more

Illinois Village Sues Shell, Other Oil Companies Over Alleged Benzene Leaks

EDWARDSVILLE, Ill. - An Illinois village of 1,500 people has sued several oil refining companies in state court, saying in a March 20 complaint that the Wood River Oil Refinery has contaminated the village's land, air and water with benzene and other ...read more

Insurance Companies Relieved Of Duty To Defend Mayor For Contaminated Public Water

CHICAGO - A unanimous First District Illinois Appellate Court, Fifth Division, panel announced an opinion April 2 overturning a declaratory judgment for insurance companies that they owe a duty to the former mayor of Crestwood, Ill., to defend in underlying ...read more

Voluntary Dismissal Granted In Personal Injury Suit Against Nuclear Plant Operator

CHICAGO - The parents of an 18-year-old who allege that their daughter is incapacitated by a brain tumor caused by exposure to fugitive radioisotopes released from a nuclear power plant were granted a motion to voluntarily dismiss without prejudice May ...read more

Court Affirms Dismissal Of Tenants' Claims Alleging Mold, Water Damage

ELGIN, Ill. - An Illinois appeals court on May 8 modified an award of damages in favor of a landlord to account for a security deposit that was paid by tenants who claimed that the property they rented contained water damage and mold but affirmed the ...read more

Wisconsin Court Denies Reconsideration; Invoices Fall Under Hearsay Exception

MADISON, Wis. - A Wisconsin appeals court on May 18 declined to reconsider its ruling allowing admission of invoices turned over by a company's lawyer that allegedly document the sale of asbestos-containing products (Cindy Horak, et al. v. Building ...read more

5th Circuit Affirms $420,000 Award Against Asbestos Attorneys

NEW ORLEANS - A railroad's discovery that plaintiffs filed potentially deceptive asbestos claims against it did not put it on notice of fraudulent conduct by the attorneys, a divided Fifth Circuit U.S. Court of Appeals panel held May 29 in affirming ...read more

Federal Judge Refuses To Remand Manufactured Home Owners' Mold Injury Claims

EAST ST. LOUIS, Ill. - An Illinois federal judge on May 29 found that the seller of a manufactured home properly removed an action filed against it by purchasers who allege that they suffered injuries caused by mold, finding that the amount in controversy ...read more

Illinois Court Reverses $17.87M Verdict On Asbestos Conspiracy Claims

BLOOMINGTON, Ill. - A woman's evidence of a conspiracy involving her employer and companies manufacturing asbestos-containing products falls short of the "clear and convincing" standard, a divided Illinois court held Aug. 31 in reversing ...read more

No Coverage For Successor Company Under Applicable Illinois Law, N.Y. Panel Says

NEW YORK - No coverage is owed to the successor company of an insured for underlying suits alleging injuries caused by exposure to popcorn butter flavoring products because the trial court incorrectly applied New York law rather than Illinois law, which ...read more

Court Affirms Ruling Denying Reconsideration Of Action Over Unpaid Assessment

CHICAGO - An Illinois appeals court on Sept. 24 affirmed a trial court's decision refusing to grant a motion for reconsideration for a new trial filed by a cooperative tenant, who alleged that her unit contained water damage and mold growth, finding ...read more

$32 Million Judgment Upset By Illinois Appellate Panel In Diacetyl Exposure Action

CHICAGO - The $32 million personal injury verdict awarded in August 2010 to a flavor-industry employee stricken with bronchiolitis obliterans was overturned Oct. 4 by a unanimous First District Fourth Division Illinois Appellate Court panel, which held ...read more

Illinois Supreme Court Permits Legal Malpractice Suit In Manganese Poisoning Action

CHICAGO - The Illinois Supreme Court unanimously ruled Dec. 13 that an Illinois worker with alleged manganese poisoning can pursue a legal malpractice case against attorneys he retained in 1999 to represent him in a workers' compensation action because ...read more

Illinois Appeals Panel Upsets $32 Million Award, Remands Diacetyl Suit For Retrial

CHICAGO - A unanimous Fourth Division First District Illinois Appellate Court panel posted an opinion Dec. 27 overturning a $32 million judgment against the manufacturer of diacetyl and remanded the personal injury claims of the plaintiff for retrial ...read more

Federal Judge Refuses To Dismiss Exposure-Related Claims Against Landlords

ST. LOUIS - An Illinois federal court on March 22 denied a motion to dismiss filed by the owners of a commercial rental that allegedly contained mold, finding that a man who worked in the building and alleges that he was made ill by exposures to harmful ...read more

Federal Judge Finds Landlord Had Duty To Maintain Building's Condition

ST. LOUIS - An Illinois federal judge on April 30 refused to grant summary judgment in favor of the owners of a building on claims asserted by an employee, finding that the owners had control over a portion of the building that developed mold and contained ...read more