Madison and St. Clair County asbestos judges addressed trends and procedural updates at the HarrisMartin Midwest Asbestos Litigation Conference in St. Louis on Sept. 21, including shifts in plaintiff-friendly reputations and COVID-19 guidelines.
St. Clair County Chief Judge Andrew Gleeson noted that the court's regular civil docket has remained steady, but he has seen a “significant influx” of cases filed on the asbestos docket.
In fact, St. Clair County bucked a national downward trend in asbestos litigation, having experienced a 50% increase in filings in 2021 compared to 2020. It went from 428 filings in 2020 to 643 last year. The court also retained its position as second top asbestos jurisdiction in the country - having made up 17% of total filings in the country in 2021 compared to 11% in 2020, according to Washington-based asbestos litigation researcher KCIC.
Gleeson, who has presided as chief judge for five years, said he is “relatively new” to the size and complexities of the asbestos docket.
“I recognize that I’m an old dog and I’m having to learn all new tricks,” he said.
Gleeson encouraged lawyers attending the conference to improve communication.
“I think that presently, communication is a bit lacking from the lawyers to the court and even amongst yourselves,” he said.
He added that when hearings are canceled, he doesn’t get the official notice “because of the lack of technology in St. Clair County right now.” He asked that asbestos attorneys notify him directly when schedules are changed.
Gleeson began his talk tracing parts of St. Clair County’s history, calling East St. Louis the “economic engine of Southern Illinois.” He said that the county has its roots in traditional blue collar work, including manufacturing plants, railroads, barges and all of the related industries.
“Historically, St. Clair County has been accused … of being more friendly to the plaintiff,” he said. “You know, I’m not so sure that that’s not true, or was not true. I don’t think it’s true anymore, but I do think it was true at one time. You had people whose families worked in these plants. You had people whose fathers and uncles and grandfathers, whatever they might be, worked on the railroad. So when they were injured, or when families believed they were mistreated, we all know how that is, it’s your family member and all of the sudden it’s a whole different scenario.”
He added that parties would have “a jury of your peers who tended to be more sympathetic to the working man.”
Gleeson also took issue with St. Clair County’s regular inclusion on the American Tort Reform Association’s annual Judicial Hellholes report due in part to its plaintiff-friendly reputation, which has contributed to lawsuits filed by out-of-state plaintiffs.
“People talk about various forums, we get into that discussion. I find it amusing when one side or the other is charged with forum shopping. I posit to you that anyone that’s doing their job, either as a plaintiff or a defendant, is looking for the best place for their client, whether you be a plaintiff or a defendant.
When his career began, Gleeson said St. Clair County “still had a tinge of the working class, blue collar rationale or perspective.” However, he said things are shifting and they “haven’t seen what I think that the common lore is of St. Clair County.”
“Now, obviously that’s changed in St. Clair County. We no longer are that blue collar, manufacturing workforce,” he said.
Gleeson said that the economic engine of St. Clair County today is Scott Air Force Base, which has “changed the whole philosophy” of juries. He said the county has become more white collar with jobs in the technology industry.
Regarding case management, Gleeson said St. Clair County is still working on determining when to use Zoom and when to proceed with in-person hearings, saying they may choose to implement a hybrid use of Zoom.
“I like to see all of you, and I think you need to see each other on occasion,” he said. “So I think we will mix that up.”
In Madison County, presiding asbestos Judge Stephen Stobbs said the court is working to accommodate more in-person hearings. He said that using remote capabilities is still available, but they can work on meeting in person if the parties agree to it.
However, he said that because the Illinois Supreme Court has not amended or vacated the COVID-19 rules, the courts are still expected to operate under those guidelines.
“Here in Illinois, that’s still the rule,” Stobbs said.