EDWARDSVILLE – Gori Law Firm dropped an employer from a Madison County mesothelioma suit after the employer proved it defeated the claim in Arkansas.
Christopher Layloff of the Gori firm signed a stipulation dismissing Birla Carbon on July 16, three weeks after Birla moved to dismiss.
Layloff represents the estate of Cleo Graves, who worked for Birla predecessor Columbian Chemicals in El Dorado, Arkansas.
Graves died in 2009.
His son, Robert Graves,sued 27 defendants in Madison County in March.
Birla counsel Tucker Blaser of Belleville moved to dismiss the complaint on June 26.
He wrote that the Arkansas workers’ compensation commission rejected the claim and Graves himself dismissed it with prejudice in an Arkansas court.
“Plaintiff has now asked this court to rehear the same wrongful death asbestos exposure claim on behalf of the same decedent against this same defendant," he wrote.
“The only difference here is that plaintiff has omitted from his pleading any information about the location of the parties and the alleged injuries in an attempt to bring a solely Arkansas based claim, now twice rejected, before an Illinois trial court."
“Indeed, these deliberate omissions appear to be intended to deceive this court into allowing plaintiff another bite at a long since rotten apple.
“It is axiomatic that a final judgment on the merits rendered by a court of competent jurisdiction acts as a bar to subsequent suit between the parties involving the same cause of action.”
His motion to dismiss accomplished its purpose.
Six other defendants in the Madison County action obtained dismissals with prejudice in Arkansas, but none of them has asserted that as a defense.
Domtar Industries and Ametek Inc. didn’t answer the complaint at all, yet the Gori firm dismissed them without prejudice.
Gregory Iken of Clayton, Mo., signed Ametek’s stipulation.
McRay Judge of Chicago signed Domtar’s stipulation.
Union Carbide counsel Jeffrey Bash of Edwardsville inserted into an otherwise routine answer a claim that, “if there is another action pending between the same parties for the same cause then this action is barred.”
Goulds Pumps counsel Yasmin Tayyab of Chicago inserted into an otherwise routine answer a request for “discovery concerning the propriety of venue.”
Metropolitan Life counsel Charles Joley of Belleville filed a routine answer.
As of July 31, 3M hadn’t answered.