November 28, 2018 By Nicholas Vogelzang

Chicago Tuesday Asbestos Call Recap: VL Plans Deposition

Chicago, IL (November 27, 2018) —

The Daley Center hosts an Asbestos Call every other Tuesday, which serves as the time and place to track the progress of a lawsuit in preparation for the trial date. The Vogelzang Law blog provides bi-weekly Asbestos Call updates.

Ahead of yesterday’s bi-monthly asbestos motion call before the Honorable Judge McWilliams, the attorneys at Vogelzang Law successfully resolved almost all of the issues that have been bubbling to the surface over the last two weeks. However, when the clock struck 2 PM, one issue remained unresolved.

VL associate Wyatt Berkover had been requesting the corporate representative of Ferro Engineering regarding their asbestos-containing hot tops used in the steel making process. Counsel for Ferro stated that they had produced their person most knowledgeable (PMK) for deposition on the same topic for the same location (Republic Steel) during the same time frame back in 2012. However, plaintiff argued that this request was on behalf of a crane operator that had worked with the hot tops and had been diagnosed with mesothelioma, as opposed to the case in 2012, in which a former timekeeper for Republic Steel worked near others who were using the hot tops and was later diagnosed with mesothelioma. In addition, Mr. Berkover argued that the PMK who would testify at trial would be an entirely different person than the one that was deposed in 2012. Ultimately, the judge decided to grant the plaintiffs a 90-minute deposition based on the different case with the caveat that old questions would not be rehashed.

All other matters were worked out, and any additional items were pushed to the next asbestos motion call in two weeks on December 11, 2018.

The Vogelzang Law team continues to advocate for families across America who have been impacted by asbestos. Mesothelioma is a rare and aggressive cancer linked to asbestos fibers, which are easily inhaled when working with asbestos materials. As a result, insulators, pipefitters, construction workers, mechanics, and more are among the most at-risk groups.