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Illinois Supreme Court

Case Status

Decided

Docket Number

103137

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Illinois Supreme Court addresses Lipke Rule and admission of evidence of unrelated exposure to asbestos

April 16, 2009

The Illinois Supreme Court eliminated the Lipke rule, which had been adopted by an Illinois intermediate appellate court. The rule was first announced by a sister court in Lipke v. Celotex Corp.; it prohibits defendants from introducing evidence that unrelated exposure to asbestos caused the plaintiff’s medical condition.

U.S. Chamber files amicus brief

January 03, 2007

NCLC filed an amicus brief urging the Illinois Supreme Court to reject the rule announced by an Illinois intermediate appellate court which prohibits defendants from introducing evidence that unrelated exposure to asbestos caused the plaintiff’s condition. NCLC contended that this rule is a per se violation of due process as defendants will likely be held responsible for the conduct of others.

Amicus brief filed with intermediate appeals court 7/22/05. Decided 6/27/06.

Amicus brief filed with Illinois Supreme Court 1/3/07. Decided 4/16/09.

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