Brand
Get Your FREE Case Review 24 Hours A Day
To protect your safety during the coronavirus (COVID-19) crisis, we offer telephone and video conferences, in addition to face-to-face meetings. Please contact our office today to set up a remote consultation.
Arrow
Mesothelioma
& Asbestos
Mesothelioma
& Asbestos

Learn more about mesothelioma, symptoms & treatment, frequently asked questions and more.
Arrow
Mesothelioma
& Asbestos
Mesothelioma
& Asbestos

Learn more about mesothelioma, symptoms & treatment, frequently asked questions and more.
Arrow
Mass Torts, Defective Drugs & Products
Mass Torts, Defective Drugs & Products
We help victims of dangerous drugs (Actos, Mirena, Lipitor, etc.) and faulty devices (hip implants, pacemakers, etc.)
Arrow
Mass Torts, Defective Drugs & Products
Mass Torts, Defective Drugs & Products
We help victims of dangerous drugs (Actos, Mirena, Lipitor, etc.) and faulty devices (hip implants, pacemakers, etc.)
Arrow
Personal Injury &
Workers' Compensation
Personal Injury &
Workers' Compensation

We help clients who need assistance with work-related injuries linked to asbestos and other serious problems.
Arrow
Personal Injury &
Workers' Compensation
Personal Injury &
Workers' Compensation

We help clients who need assistance with work-related injuries linked to asbestos and other serious problems.

Illinois Supreme Court dismissed asbestos lawsuit

| Jan 3, 2013 | Mesothelioma/Asbestos-Related Illness |

After a lengthy court battle, the Illinois Supreme Court has ruled that a Mississippi man’s asbestos lawsuit may not be heard and decided in St. Clair County. In making its ruling, the court stated that the hardships that litigating the case in Illinois would produce for the defendants outweighed the benefits of doing so for the plaintiff. It is an unfortunate ruling, to say the least.

The asbestos lawsuit was filed in St. Clair County in 2009 by a former railroad worker who stated that he had been exposed to asbestos and other dangerous substances and that he had developed respiratory problems as a result of that exposure. The plaintiff named Illinois Central Railroad Co., his former employer, as the defendant in the case.

In making its ruling, the Supreme Court listed some of the factors that courts should consider when making a forum analysis. We will list those below for our readers who are considering filing an asbestos lawsuit in a different county in which they live.

Relevant private interest factors include:

  • Convenience of both parties to the case
  • Access to relevant evidence
  • Ability of witnesses to appear in court
  • Possibility of viewing the premises on which the injury occurred

Relevant public interest factors include:

  • The fairness of asking community members to hear and decide a case regarding an injury that took place elsewhere
  • The administrative challenges of handling a case regarding an injury that took place elsewhere
  • The interest in having local cases decided locally

After an analysis of these factors, the court determined that the case should not be decided in St. Clair County. There is no word yet on whether the plaintiff will attempt to get the decision overturned.

Source: Madison Record, “Supreme Court rules for Illinois Central in asbestos forum case,” Bethany Krajelis, Dec. 28, 2012

Mesothelioma Lawyers and Personal Injury Attorneys
Get a Free Case Review!

Archives

FindLaw Network

Why Choose The Gori Law Firm?

Experience

With over 100 years of combined legal experience, we guide our clients through the litigation process by addressing questions and concerns and about the outcome every step of the way. Read More

Results

The team at The Gori Law Firm fights hard for clients, working to get the compensation and the settlement they deserve, obtaining over $3 billion in verdicts and settlements for our clients. Read More

Team Approach

We are more than just experienced attorneys: our team is also made up of highly trained paralegals and professionals specially trained to deal with the demands of these complex cases. Read More

Faster Trial Dates
We know that obtaining funds in a timely manner will help cover medical expenses. The Gori Law Firm works quickly to recover funds and secure the earliest possible trial dates on our client's behalf. Read More

Recognition

  • Super Lawyers
  • Million Dollar Advocates Forum
  • American Association for Justice
  • ABA Defending Liberty Pursuing Justice
  • Illinois State Bar Association

Fill Out Our Form Today To Get A Free Case Review.

Get a Free Case Review Today