Defendants Say New Trial Order Can't be used as Discovery Sanction

MT. VERNON, Ill. -- Defendants who are appealing a new trial order in a welding fume case have filed a reply brief in which they contend that the trial court's order is wrongfully being used as a discovery sanction. Winterman v. BOC Group, et al., No. 5-06-0679 (Ill. App. Ct., 5th Dist.).

In the July 26 reply brief filed in the Illinois 5th District Court of Appeals, the defendants claim that the trial court's order reversing the jury verdict "falls short of Illinois requirements for a sanction order."

The defendants say that under Illinois law, a sanction order must identify …