Illinois Asbestos Case Law

Asbestos decisions from Illinois's courts and the federal courts there: 151 cases in our library so far. For what the law requires today, see Illinois asbestos laws; for where exposure happened, see Illinois asbestos exposure sites.

Federal district courts

U.S. District Court, Northern District of Illinois

• Johnson v. Orton (2021). The court granted in part and denied in part Vanderbilt Minerals' Daubert motions: it excluded Dr. Arthur Frank and cumulative-exposure testimony and limited Rossol and Castleman, but allowed Longo's talc study and Dr. Emory's causation opinions.
• Johnson v. Orton (2021). The district court granted Orton's motion for summary judgment against plaintiff Deborah Johnson, finding no evidence Orton knew or should have known its vermiculite packing contained asbestos, and denied Orton's Daubert motions as moot.
• Longobardi v. Honeywell International Inc. (2020). The court granted Pamela Longobardi's motion to remand and sent the case back to Cook County Circuit Court because Honeywell removed without the consent of remaining defendant Borg-Warner.
• Johnson v. Edward Orton JR. Ceramic Foundation (2019). The district court granted Orton's motion to supplement its notice of removal and denied the Johnsons' motion to remand, finding complete diversity of citizenship.
• Ayotte v. Boeing Co. (2018). The district court denied plaintiff Ayotte's motion to remand, holding that Boeing's federal officer removal was timely, so the case stays in federal court.
• John Crane, Inc. v. Simon Greenstone Panatier Bartlett, Apc (2017). The court granted the law firm and its two name partners' motion to dismiss John Crane's RICO and fraud suit for lack of personal jurisdiction, without prejudice to refiling elsewhere, and denied John Crane's request for jurisdictional discovery.
• Neumann v. Borg-Warner Morse Tec LLC (2016). The federal district court denied Neumann's motion for reconsideration and her request to amend, and granted the six remaining defendants' motions for judgment on the pleadings, ending the case.
• Neumann v. Borg-Warner Morse Tec LLC (2016). The court granted MW Custom Papers' motion to dismiss Neumann's negligence claim, holding that the company, as a manufacturer, owed no duty to her; MW Custom Papers won and Neumann lost.
• Quirin v. Lorillard Tobacco Company (2015). The court granted summary judgment to Lorillard and Hollingsworth & Vose on the wife's loss of consortium claim because his exposure to their products ended before the marriage, but denied it to Georgia-Pacific.
• Horrie v. AW Chesterton Company (2014). The court granted the Horries' motion to remand to the Circuit Court of Cook County, rejecting Crane Company's removal based on the government contractor defense.
• Krik v. Crane Co. (2014). The court granted the defendants' motions (Crane, Owens-Illinois, Marley-Wylain and ExxonMobil) to bar plaintiff Krik's experts from offering "Any Exposure," "Each and Every Exposure" and "Single Fiber" causation opinions, and denied Mobil's other requests to bar the experts' testimony about exposure at Mobil facilities.
• Quirin v. Lorillard Tobacco Co. (2014). The district court denied Lorillard and Hollingsworth & Vose's motion for summary judgment, so the estate of Ronald Quirin's negligence claims against them go forward.
• Quirin v. Lorillard Tobacco Company (2014). The court denied Georgia-Pacific's motion to exclude plaintiff's expert Dr. Millette's testimony and work practice studies, and granted it only as to the Tyndall lighting videotapes, which plaintiff agreed not to use.
• Quirin v. Lorillard Tobacco Company (2014). The court granted in part and denied in part both Daubert motions: it barred defense experts from relying on the Killian and Laboratory of Industrial Hygiene tests, allowed reliance on the Armour tests, required a hearing for the Kendall and Fullam tests, and let plaintiff's expert Pauly testify about the 1950s testing but not endorse the Millette and Longo studies.
• Quirin v. Lorillard Tobacco Company (2014). The court denied Georgia-Pacific's motion to exclude plaintiff's expert testimony and argument that each and every exposure to asbestos caused Mr. Quirin's mesothelioma (as moot for Dr. Brody), so the plaintiff estate prevailed on the motion.
• Quirin v. Lorillard Tobacco Company (2014). The district court denied Lorillard and Hollingsworth & Vose's motions to bar the expert reports and testimony of Dr. Millette and Dr. Brodkin, so the plaintiff's expert evidence was admitted.
• Quirin v. Lorillard Tobacco Company (2014). The district court denied Crane Co.'s motion for summary judgment, so the estate of Ronald Quirin may proceed with its negligence claims against Crane Co., except that Crane Co. had no duty to warn about insulation, pipe covering or cement it did not supply.
• Smith v. AW Chesterton Company (2014). The court denied the plaintiffs' motion to remand, so Crane Co.'s federal officer removal stood and the case stayed in federal court.
• Smith v. Crane Co. (2014). The court granted Crane Co.'s and Ingersoll-Rand's motion to dismiss Diane Smith's loss of consortium claim (Count III), because she married Kenneth after his alleged asbestos exposure.
• Totten v. Crane Co. (2014). The district court denied William Totten's motions to remand to state court and to strike the notice of removal, holding that Crane Co. properly removed the case under the federal officer removal statute.
• Stanley v. Ameren Illinois Co. (2013). The court granted summary judgment to all four defendants (Ameren, MidAmerican, EECI and Sargent & Lundy) and against plaintiff Christine Stanley, on no-duty grounds for MidAmerican and EECI and the statute of repose for Ameren and Sargent & Lundy.
• Tkk USA Inc. v. Safety National Casualty Corporation (2011). The court granted Thermos's motion for summary judgment, holding Safety National must reimburse Thermos's defense costs in the Perkins lawsuit, denied Safety National's cross-motion, and denied Thermos's motion for attorney fees under Section 155.
• Krull v. Celotex Corp. (1985). The court denied Celotex's motion for partial summary judgment on punitive damages, holding that Celotex, as the surviving corporation in a merger, assumed all of Panacon's liabilities, so Krull's estate could pursue punitive damages.
• In re Unr Industries, Inc. (1983). The district court denied the debtors' (UNR Industries and affiliates) application to appoint a legal representative for unknown future asbestos claimants, and also denied Peter John Robinson's motion to intervene.

U.S. District Court, Southern District of Illinois

• 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.

Federal bankruptcy courts

U.S. Bankruptcy Court, Northern District of Illinois

• In re Unr Industries, Inc. (1987). The bankruptcy court denied debtor UNR's motion to order the Legal Representative for future asbestos claimants to represent Alban and Anderson, so UNR lost and the Legal Representative and the claimants' committee prevailed.