Litigating In Illinois Is Antithesis Of ‘Easy,’ Say Asbestos Defendants In Forum Appeal
From the Madison County Record
Defendants in three separate Madison County lung cancer asbestos cases have appealed orders denying their forum non conveniens motions to the Fifth District Appellate Court.
In petitions filed June 23 and July 14, they argue that Judge Stephen Stobbs’ orders are a “clear abuse of discretion” because the cases brought by out of state claimants have no relevant connection to Illinois.
Defendants Union Carbide Corporation, CBS Corporation, Honeywell International, Inc., Crane Co., Georgia Pacific, LLC, Ingersoll-Rand Company, Trane U.S., Inc., General Electric Company, National Automotive Parts Association, Carlisle Brake & Friction, Inc., 84 Lumber Company and York International Corp. also argue that the denials render the forum non conveniens doctrine a “dead letter” in cases involving numerous defendants, which applies to nearly every asbestos case filed in Madison County.
Associate Judge Stobbs, who has presided over the asbestos docket since last October, denied the motions on May 23 saying defendants failed to sufficiently argue that Illinois is inconvenient for all parties involved in the cases, failed to show that the plaintiffs could have filed their claims against all defendants in another state and specifically failed to state which court in alternate states would have been a more appropriate jurisdiction.
“[N]ot only must a moving party demonstrate that a plaintiff’s initial forum is inconvenient to the moving party, but they also must demonstrate that another forum is more convenient to all parties involved,” Stobbs wrote.
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From the Madison County Record
Defendants in three separate Madison County lung cancer asbestos cases have appealed orders denying their forum non conveniens motions to the Fifth District Appellate Court.
In petitions filed June 23 and July 14, they argue that Judge Stephen Stobbs’ orders are a “clear abuse of discretion” because the cases brought by out of state claimants have no relevant connection to Illinois.
Defendants Union Carbide Corporation, CBS Corporation, Honeywell International, Inc., Crane Co., Georgia Pacific, LLC, Ingersoll-Rand Company, Trane U.S., Inc., General Electric Company, National Automotive Parts Association, Carlisle Brake & Friction, Inc., 84 Lumber Company and York International Corp. also argue that the denials render the forum non conveniens doctrine a “dead letter” in cases involving numerous defendants, which applies to nearly every asbestos case filed in Madison County.
Associate Judge Stobbs, who has presided over the asbestos docket since last October, denied the motions on May 23 saying defendants failed to sufficiently argue that Illinois is inconvenient for all parties involved in the cases, failed to show that the plaintiffs could have filed their claims against all defendants in another state and specifically failed to state which court in alternate states would have been a more appropriate jurisdiction.
“[N]ot only must a moving party demonstrate that a plaintiff’s initial forum is inconvenient to the moving party, but they also must demonstrate that another forum is more convenient to all parties involved,” Stobbs wrote.
Read more in our daily News Update...