Matushek Nilles LLC is again co-sponsoring Perrin Conference’s Fall Seminar: “A National Overview and Outlook” in Asbestos Litigation, an acclaimed, neutral forum showcasing thought leaders from all perspectives within the legal industry, including Plaintiff and Defense attorneys, in-house counsel, insurance professionals, consultants, experts, and judges. This year’s program will be held October 1-3, 2018 in San Francisco, California.
Archives for 2018
Matushek Nilles LLC was proud to actively participate in the 2018 Race Judicata, a 5K Run/Walk benefiting Chicago Volunteer Legal Services Foundation. This was the 24th anniversary of the run, and all proceeds from Race Judicata went to the general operating costs of CVLS. Thousands of Chicago’s most active judges, lawyers, paralegals and other professionals joined us this year on September 13, 2018 to continue the important work of ensuring that the law works for everyone, not just those who can afford it. Read More »
On June 29, 2018, a divided panel of First District Appellate Court issued an opinion providing valuable guidance to defense practitioners on the scope of the sole proximate cause defense in Illinois tort litigation, holding that the sole proximate cause defense and jury instruction is available even where the defendant argues more than one nonparty was the sole proximate cause of a plaintiff’s injury. See Rene Douglas, et al. v. Arlington Park Racecourse, LLC, et al., 2018 IL App (1st) 162962, available here (PDF opens in a new window).
Douglas involved a professional jockey, Rene Douglas, who sought compensation for paralysis resulting from a fall he suffered during a horserace at Arlington Park racecourse in 2009. Douglas and his wife sued the racetrack (Arlington), its owner (Churchill Downs), and both the manufacturer and distributor of the track’s synthetic surface. Plaintiffs settled with all parties except Arlington and Churchill Downs prior to trial.
On May 18, 2018, the Illinois Appellate Court for the First District reversed Judge Clare McWilliams’ denial of a defendant’s motion to dismiss for lack of personal jurisdiction. The plaintiff was a resident of Alabama and worked in numerous states and for a short time at the former Republic Steel in Illinois, but failed to allege actual exposure to the defendant’s products occurred in Illinois. The defendant, a New York corporation, filed a motion to dismiss on the basis that the plaintiff’s complaint failed to allege sufficient facts to confer personal jurisdiction upon it, arguing that it did not consent to the circuit court’s jurisdiction, the court had no general personal jurisdiction exists over it, and no specific personal jurisdiction existed because the plaintiff did not allege that he was exposed to asbestos from its products in Illinois. The plaintiff countered by asserting in part that Illinois has “jurisdiction by necessity” because the plaintiff was exposed to asbestos in multiple states and there is no single forum in which he could sue every defendant. Read More »
On March 15, 2018, Judge Clare McWilliams entered summary judgment in favor of defendant Avocet Enterprises due to its corporate dissolution in 2014. The plaintiff’s decedent, Roger Nelson, first learned he was injured by the wrongful act of another when he was diagnosed with mesothelioma in February 2017, nearly three years after Avocet’s dissolution, and the plaintiff later commenced this suit on April 3, 2017. At the time Avocet dissolved, section 12.80 of the Business Corporation Act provided in pertinent part: Read More »
Matushek Nilles LLC was pleased to again sponsor Perrin Conference’s Spring Seminar: Cutting-Edge Issues in Asbestos Litigation, held March 8-9, 2018 in Beverly Hills, California. The Conference is a national forum showcasing thought leaders from all perspectives within the legal community.