Chicago Tuesday Asbestos Call: Vogelzang Law Moves Cases Ahead

Chicago Tuesday Asbestos Call: Vogelzang Law Moves Cases Ahead

Chicago, IL (November 13, 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.

It was another dynamic motion call in Room 2005 at the Daley Center in downtown Chicago on Tuesday. Vogelzang Law had several disputes with a variety of defendants that were worked out leading up to the motion call, but two motions remained by 2 pm.

The first motion was against a clutch manufacturer that utilized asbestos paper in its manufacturing process. Our client, Mary Miller, currently fighting mesothelioma, sat at a sanding machine and a press machine during her years working on the assembly line.  As permitted under Illinois Supreme Court Rules, the Vogelzang Law team requested a site visit to take photographs of the job site with the potential of asking Mary questions under oath regarding where and how she operated machinery. The defendant — a clutch manufacturer — objected to the site visit, claiming that photographs were not allowed and that no such site visit has ever occurred. They will present a brief to the judge in 21 days as to why they believe a site visit should not be allowed. In the meantime, a protective order was entered to prevent the removal or destruction of any heavy equipment in the sanding department and the punch press department while the judge decides the issue.

The second motion on Tuesday attempted to determine whether a steel-making equipment manufacturer was the proper entity to be sued. The defendant listed a variety of similarly named defendants and insisted that the case should not go forward against them. Attorney Wyatt Berkover represented a steelworker who died from asbestos-induced mesothelioma. Berkover stated to the Court that after extensive research it did appear that the correct entity had been sued. If that was incorrect, he requested that the judge grant the plaintiff leave to depose their corporate representative to disentangle the corporate structure. The judge granted the request over the objection of defense counsel. The Court gave the defendant 7 days to provide a date for a deposition.

In addition to the contested motions, Vogelzang Law successfully wrapped up Ben Mulder’s mesothelioma case. Filed last year, the case was up for trial on Tuesday. Throughout his career as a window glazier, Mr. Mulder was exposed to a variety of asbestos products used in the installation of commercial windows. He passed away from mesothelioma. All remaining parties were able to come to an agreement on Tuesday, rendering it unnecessary to pick a jury.

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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