The Partners of Matushek Nilles LLC are pleased to announce that Russell Brown and Bobbie Irvin III recently joined the firm as associates. Russell previously practiced in Wisconsin, and Bobbie was an Assistant States Attorney in Lake County, Illinois.
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 firm recently welcomed Danielle Luisi, a seasoned associate with a wealth of experience in defending asbestos claims, to Matushek Nilles LLC’s toxic tort team.
The Partners of Matushek Nilles LLC are pleased to announce that Vincenzo Chimera joined the firm as associates 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.
Margaret Foster joined Matushek Nilles LLC as a partner on April 10, 2017. She has more than 28 years of experience in defending toxic tort claims. She serves as National Counsel for a manufacturer client with nationwide asbestos exposure claims. Margaret is a former President of the Women’s Bar Association of Illinois.
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 Nilles LLC on January 1, 2017. Previously, Ms. Callaghan had several years experience as an associate with Matushek Nilles LLC, 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.
For the second time this year, an Indiana appellate court has expanded the scope of asbestos liability in the Hoosier state. Hot on the heels of the Indiana Supreme Court’s invalidation of the state’s Product Liability Act statute of repose in asbestos cases in Myers v. Crouse-Hinds Division of Cooper Industries, Inc., 53 N.E.3d 1160 (Ind. 2016), the Indiana Court of Appeals has issued another opinion arising out of the Larry Myers case, this time bearing on premises liability and the scope of the general rule of non-liability for the negligence of independent contractors. Read More »