Evidence Spoliation Claims Dismissed from Ill. Asbestosis Case
November 3, 2014
DOCUMENTS
- Memorandum and Order
BENTON, Ill. — An Illinois federal court has for a second time rejected allegations that defendants in a former Navy Worker’s asbestosis lawsuit intentionally destroyed evidence the plaintiff said he needed to prove liability in the case.
Judge Staci M. Yandle of the U.S. District Court for the Southern District of Illinois said in an Oct. 31 order that plaintiff Gerald D. Mcalvey’s causes of action for spoliation of evidence asserted against numerous defendants are either not recognized by Illinois law or lack any supporting evidence of events giving rise to the allegations.
Mcalvey sued dozens of defendants in a …
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