Chicago Tuesday Asbestos Call Recap: VL Plans Deposition

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.


Nicholas Vogelzang


Nicholas Vogelzang has tried numerous asbestos lawsuits on behalf of families stricken with mesothelioma, in both Cook County and Madison County, Illinois. During one of his first trials on behalf of Roby Whittington in 2003, Mr. Vogelzang and his team received the most significant asbestos verdict in Illinois history at $250,000,000.Since then, he has represented more than 200 families with every imaginable type of asbestos exposure throughout the country, resulting in more than 200 million in settlements and verdicts. In 2017, he represented a variety of workers diagnosed with mesothelioma. His clients included: a bricklayer from US Steel; an insulator from Hooker Chemical; a laborer from Union Carbide; a sheet metal worker from John Deere; a plastic worker from Batts Plastics; two employees from Borg Warner; and a Local 130 Chicago union plumber. Nicholas takes pride in personally getting to know each family by working with them to determine the source of the asbestos exposure.His clients for 2018 include: a sheet metal worker; a chemical engineer from Allied Chemical; a TWA airplane mechanic; the mother and husband of a Local 597 Chicago pipefitter; a residential and commercial plumber; a window glazier; a Local 17 asbestos insulator; the wife of a John Jay High School maintenance worker; a pipe fitter that worked at Bethlehem Steel and later Kroger Dairy; and two steelworkers from US Steel.Mr. Vogelzang dedicates himself to his craft, regularly appearing in court on behalf of his clients to argue motions against Fortune 500 companies and their national counsel. He continues his dedication to his clients by working with bright young associates that assist in every aspect of the litigation.

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