Appeals Court Reverses Lower Court's Rejection of Defense Forum Challenges

MT. VERNON, Ill. -- An Illinois appellate court has remanded an asbestos case with direction that it be dismissed on forum grounds, according to a recent opinion. Laverty, et al. v. CSX Transportation, et al., No. 5-09-0043 (Ill. Ct. App., 5th Dist.).

In the Sept. 15 order, the Illinois 5th District Court of Appeals found that the claims asserted on behalf of a man who never lived in Illinois and did not allege exposure in Illinois could not be litigated in the state.

Claudious Laverty brought the claims on behalf of her husband, Thomas R. Laverty, for his alleged …