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.
The Partners of Matushek LLC are pleased to announce that Russell Brown joined the firm as an associate. Russell previously practiced in Wisconsin, and focuses his practice on complex mass tort litigation.
On October 3, 2017, Judge Stephen Stobbs entered summary judgment in favor of defendant U. S. Steel in a case of first impression involving take-home exposure of a deceased spouse of a Local 17 insulator who was the employee of an independent contractor who provided insulation and installation services on the defendant’s South Works premises in Chicago in 1981. After discussing the issue of duty, the court entered summary judgment to the premises defendant at the outset of trial, finding that the plaintiff failed to meet the proximate cause standard of “frequency, proximity, and regularity” of the exposure as required by the Illinois Supreme Court in Thacker. Read More »
The U.S. Supreme Court has firmly rejected a California State Court’s attempt to use a “sliding scale” analysis to find specific jurisdiction over the claims of out-of-state litigants against out-of-state defendants, finding that in order for a court to exercise specific jurisdiction over a claim, there must be an “affiliation between the forum and the underlying controversy, principally, [an] activity or an occurrence that takes place in the forum State.” See Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466, decided June 19, 2017. This decision should dissuade local courts from creating attenuated connections to create jurisdiction when the underlying tort didn’t occur in the forum state, in violation of a defendant’s right to due process. Read More »
The Partners of Matushek LLC are pleased to announce that Vincenzo Chimera joined the firm as an associate in the Spring of 2017. Mr. Chimera previously worked as an associate in a Chicago area insurance defense firm and adds his talents to our team.
The Supreme Court of Missouri recently issued a decision that may stem the increased flow of out-of-state toxic tort cases being filed in St. Louis City Court. State Ex Rel. Norfolk Southern Railway Company v. The Honorable Colleen Dolan, issued February 28, 2017, upheld the dismissal of a railroad defendant on a lack of personal jurisdiction, finding that specific jurisdiction wasn’t present because the tort occurred outside Missouri, and that the defendant wasn’t subject to general jurisdiction under the U.S. Supreme Court’s opinion in Daimler.
Amy Callaghan advanced to the partnership at Matushek LLC on January 1, 2017. Previously, Ms. Callaghan had several years experience as an associate with the firm, successfully defending manufacturers in construction litigation and asbestos litigation in Illinois and Missouri. Ms. Callaghan was also recently selected as a Rising Star by Illinois Super Lawyer.