STORY FROM: Asbestos

Ill. Federal Court Dismisses Manufacturer Defendant from Asbestos Take-Home Case

CHICAGO –– An Illinois federal court has dismissed a defendant from a take-home asbestos exposure suit, saying that while the plaintiff had established that the exposure was foreseeable, she had failed to refute the defendant’s position that enforcing the duty of ordinary care would be unduly burdensome.

In the March 10 opinion, the U.S. District Court for the Northern District of Illinois noted that the Illinois Supreme Court and relevant appellate courts have failed to weigh in on the public policy considerations in take-home asbestos exposure cases and, as such, it was forced to adopt the “narrower” interpretation of the ...

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