On September 18, 2013, the Fourth District Appellate Court of Illinois upheld the trial court’s granting of defendants’ motions for judgment notwithstanding the verdict on plaintiff’s conspiracy claims in Gillenwater v. Honeywell et al, 2013 IL App (4th) 120929. Plaintiff Charles Gillenwater filed suit for his mesothelioma from asbestos exposure in McLean County, Illinois against defendants, Honeywell International, Inc., Owens-Illinois, Inc., and Pneumo Abex, LLC for civil conspiracy with one another to conceal the respiratory dangers of asbestos. Read More »
Archives for 2013
Governor Quinn signed Senate Bill 1912 (Public Act 98-0548) into law on August 26, 2013. The law (codified at 735 ILCS 5/2-2301) applies to all personal injury, property damage, wrongful death or other tort actions involving a claim for money damages, and requires that a settling defendant pay all sums due to the plaintiff within 30 days of the plaintiff’s tender of a release, which the defendant must tender to the plaintiff within 14 days of written confirmation of the settlement. If a settling defendant does not make full payment to the plaintiff within 30 days of the plaintiff’s tender of the release, then after a hearing, judgment shall be entered against the defendant for the amount set forth in the executed release, plus any costs incurred in obtaining the judgment and interest at the rate specified under Section 2-1303 of the Illinois Code (currently 9.0%). This may prove especially problematic to a defendant if Medicare liens remain unsatisfied.