Madison County Judge Denies Forum Non Conveniens Motions In Four Cases From Out Of State Asbestos Claimants
From the Madison County Record
Madison County Associate Judge Stephen Stobbs has denied several defendants’ motions to dismiss out of state claimants’ asbestos lawsuits, holding that defendants failed to sufficiently argue that Illinois is inconvenient for all parties involved.
Stobbs adopted plaintiff attorneys’ arguments that defendants failed to prove how Madison County is inconvenient nor why another forum is significantly more convenient. He denied dozens of defendants’ forum non conveniens motions on May 23 in four separate cases filed by attorneys with the Napoli firm.
Stobbs wrote that the defendants did not dispute that Illinois has jurisdiction over the cases, meaning Madison County is a constitutionally appropriate forum for the actions.
Plaintiff Jack Warden, deceased, who had worked in Utah, alleged he was exposed to asbestos-containing products, causing him to develop lung cancer. Warden died from his illness in March 2013.
Seven of the 25 remaining defendants filed motions to dismiss, arguing Utah was the proper location for litigation.
Plaintiff Wilma Munsey-Hunt, deceased, who had lived in Tennessee, alleged she was exposed to the defendants’ asbestos-containing products through her husband, causing her to develop lung cancer. She died from her injuries in May 2013.
Of the 40 remaining defendants in the case, 11 of them filed motions to dismiss, alleging a court in Tennessee would be the more proper venue.
Both cases were set for trial on Dec. 1, 2014, but were re-set for the April 6, 2015, trial docket.
Read more in our daily News Update...
From the Madison County Record
Madison County Associate Judge Stephen Stobbs has denied several defendants’ motions to dismiss out of state claimants’ asbestos lawsuits, holding that defendants failed to sufficiently argue that Illinois is inconvenient for all parties involved.
Stobbs adopted plaintiff attorneys’ arguments that defendants failed to prove how Madison County is inconvenient nor why another forum is significantly more convenient. He denied dozens of defendants’ forum non conveniens motions on May 23 in four separate cases filed by attorneys with the Napoli firm.
Stobbs wrote that the defendants did not dispute that Illinois has jurisdiction over the cases, meaning Madison County is a constitutionally appropriate forum for the actions.
Plaintiff Jack Warden, deceased, who had worked in Utah, alleged he was exposed to asbestos-containing products, causing him to develop lung cancer. Warden died from his illness in March 2013.
Seven of the 25 remaining defendants filed motions to dismiss, arguing Utah was the proper location for litigation.
Plaintiff Wilma Munsey-Hunt, deceased, who had lived in Tennessee, alleged she was exposed to the defendants’ asbestos-containing products through her husband, causing her to develop lung cancer. She died from her injuries in May 2013.
Of the 40 remaining defendants in the case, 11 of them filed motions to dismiss, alleging a court in Tennessee would be the more proper venue.
Both cases were set for trial on Dec. 1, 2014, but were re-set for the April 6, 2015, trial docket.
Read more in our daily News Update...