U.S. District Court, Southern District of Illinois: Asbestos Cases

Our case-law library holds 25 asbestos decisions from the U.S. District Court, Southern District of Illinois (1983–2016). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Hubert v. General Electric Company (2016). The court found Plaintiff Patricia Hubert had not properly pleaded diversity jurisdiction against General Electric and ordered her to file an amended complaint by March 31, 2016; pending motions were denied as moot.
• Perez v. Air and Liquid Systems Corp. (2016). The court denied plaintiff Sylvia Perez's motion to remand, holding that Crane Co. had not waived removal and had established federal officer jurisdiction, so the case stays in federal court.
• Perez v. Air and Liquid Systems Corporation (2016). The court granted General Electric's motion to dismiss for lack of personal jurisdiction (without prejudice) and denied the motions by Air & Liquid Systems, Warren Pumps and John Crane to dismiss the loss of consortium count.
• Bell v. Abb Group, Inc. (2015). The court denied General Electric's motion in limine (joined by John Crane) to exclude the testimony of plaintiff's expert Dr. Vuskovich, so the plaintiff estate won the ruling.
• Bell v. Abb Group, Inc. (2015). The court denied the defendants' (John Crane, Velan Valve and Honeywell) Daubert motion to limit the plaintiff's expert Dr. Vuskovich's testimony, and found a hearing unnecessary.
• Hasenberg v. Asbestos Corporation Ltd. (2015). The district court denied the summary judgment motions of Air and Liquid Systems Corporation (successor to Buffalo Pump) and Warren Pumps LLC, so plaintiff William Hasenberg's claims against both proceed.
• Kochera v. General Electric Company (2015). The district court denied General Electric's motion in limine, joined by Owens-Illinois and John Crane, to exclude plaintiff Kochera's medical expert Dr. Vuskovich, so the plaintiff won the ruling.
• McALVEY v. Atlas Copco Compressors, LLC (2015). The district court denied the defendants' motions in limine to exclude or limit plaintiff Gerald McAlvey's exposure expert Jerome Spear, so the plaintiff prevailed on the motions.
• McALVEY v. Atlas Copco Compressors, LLC (2015). The district court denied Owens-Illinois, Inc.'s motion for summary judgment, finding enough circumstantial evidence of exposure for plaintiff McAlvey's claim to go forward.
• Neureuther v. Atlas Copco Compressors, LLC (2015). The court denied defendant John Crane's motion (joined by Warren Pumps) to exclude plaintiff Charles Neureuther's expert, Dr. Matthew Vuskovich, finding him qualified and his methodology reliable under Daubert.
• Neureuther v. Atlas Copco Compressors, LLC (2015). The court denied the motion in limine by CBS Corporation (Westinghouse), joined by Crane Co. and Warren Pumps, to exclude plaintiff Charles Neureuther's expert Dr. Vuskovich, so the expert may testify.
• Speedy v. 3M Company (2015). The court granted the plaintiffs' motion and remanded the case to Madison County, Illinois state court because defendant Solar Turbines Incorporated filed its notice of federal officer removal after the 30-day deadline.
• Burns v. All Acquisitions, LLC (2014). The court granted plaintiff Michael Burns's motion to remand and sent the case back to the Circuit Court of Madison County, Illinois, after the federal-officer basis for removal by United Technologies no longer supported keeping it.
• Hasenberg v. Air & Liquid Systems Corp. (2014). The court denied the Hasenbergs' motion to remand, holding Crane Co.'s federal officer removal was proper, and dismissed the complaint without prejudice with an order to file an amended complaint naming each defendant in each count.
• Mohler v. Air & Liquid Systems Corporation (2014). The court denied plaintiff Elaine Mohler's motion to remand, keeping the case in federal court because defendant Crane Company showed a colorable government contractor defense under the federal officer removal statute.
• Adams v. Armstrong International, Inc (2012). The court granted Plaintiffs Leonard and Marian Adams' motion to remand and returned the case to the Madison County, Illinois Circuit Court, finding General Electric had not shown federal officer removal jurisdiction.
• Ruppel v. AO Smith Corporation (2012). The court granted plaintiff Henry Ruppel's motion to remand and sent the case back to Madison County, Illinois state court, rejecting CBS Corporation's federal officer removal.
• Glein v. Boeing Company (2011). The court granted Betty Glein's motion to remand and sent the case back to the Madison County, Illinois circuit court, because Northrop Grumman Systems Corp. failed to prove federal officer removal jurisdiction.
• Sublett v. Air & Liquid Systems Corporation (2011). The court granted Joseph and Virginia Sublett's motion to remand and sent the case back to the Madison County, Illinois circuit court, finding General Electric had not established federal officer removal jurisdiction.
• Vickroy v. AW Chesterton, Inc. (2011). The court granted Debra Vickroy's motion and remanded the case to the Madison County, Illinois circuit court, rejecting General Electric's federal officer removal for lack of federal subject matter jurisdiction.
• Glein v. Boeing Company (2010). The court granted Betty Glein's motion to remand and sent the case back to Madison County, Illinois state court, rejecting United Technologies Corporation's federal officer removal.
• Fuller v. AW Chesterton, Inc. (2009). The district court remanded Barbara Fuller's wrongful death suit against Electro-Motive Diesel and others to the Madison County, Illinois circuit court, rejecting Electro-Motive's bankruptcy-based removal on permissive abstention and equitable remand grounds.
• Funk v. AW Chesterton, Inc. (2009). The district court remanded Tammy Funk's wrongful death and survival claims to Illinois state court under permissive abstention and equitable remand, rejecting Detroit Diesel's bankruptcy-based removal.
• Stephens v. AW Chesterton, Inc. (2009). The district court granted plaintiff Michael Stephens's motion to remand and sent the case back to Madison County, Illinois state court, because Foster Wheeler failed to establish federal officer removal jurisdiction.
• Hobby v. Johns-Manville Sales Corp. (1983). The court granted summary judgment to the defendants (Keene, Armstrong Cork, Celotex, Standard Insulation, Pittsburg Corning, GAF) on the widow's claims for medical and funeral expenses, lost earnings and pain and suffering as time-barred, but denied it on the wrongful-death loss of consortium claim and on the products liability claim.