7th Cir. Reinstates Asbestos Exposure Case Against Ceramics Company

CHICAGO — A 7th Circuit U.S. Court of Appeals panel reversed an award of summary judgment to a ceramics company in an asbestos exposure action, ruling the defendant owed a duty to the decedent under Illinois law because it had actual knowledge that the vermiculite it used in its packaging contained asbestos.

In a June 20 opinion, the appellate panel concluded there is a genuine issue of triable fact as to the defendant’s continued use of W.R. Grace vermiculite after receiving a Material Safety Data Sheet (MSDS).

Deborah Johnson sued the Edward Orton Jr. Ceramic Foundation and others, alleging her …