The Illinois Supreme Court will within the next year revisit a lawsuit that dealt with the question of where cases dealing with asbestos injuries should be tried. The case all came about when a railroad worker alleged that he had developed respiratory problems as a result of asbestos exposure.
The case was originally filed in another state, but that state's court dismissed the case. The injured man then filed his asbestos injury lawsuit in an Illinois County Circuit Court. The railroad company once again filed for a motion to dismiss the case, but this time the Illinois court ruled against the defendant railroad company.
Attorneys for individuals that have suffered asbestos-related injuries are often accused of shopping around for the correct jurisdiction to have the asbestos claim filed. Yet the above circumstance indicates the predicament that individuals injured due to asbestos are placed within.
No matter where such a case is filed, the company reportedly responsible for the asbestos exposure will move for the case to be dismissed. Such defendants likely understand how significant of a verdict they will have to pay if such companies are held accountable for the consequences of the asbestos exposure, so therefore such companies will try to place judicial hurdles in the way of injured parties to prevent recovery.
Because of the above circumstances, trying asbestos-related injury cases can be extremely complex. For this reason, attorneys that specialize in the area discuss and study what strategies would be best for taking such matters to trial.
It's impossible to know how the Illinois Supreme Court will ultimately decide concerning this matter. Whatever the ruling, asbestos type cases will continue to be tried for some time to come.
Source: The Madison Record, "Bar groups weigh in on forum issue before Illinois Supreme Court," by Bethany Krajelis, August 2, 2012