Judge Lets JM Eagle's RICO Suit Against Law Firms Proceed
A federal judge in Chicago denied motions to dismiss the racketeering claims JM Eagle brought against two asbestos-focused law firms.
Updated on Nov. 6, 2026 in Financial Crime
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U.S. District Judge Robert Gettleman denied motions to dismiss JM Eagle's civil racketeering lawsuit against Simmons Hanly Conroy and Sokolove Law. The judge did dismiss JM Eagle's common law fraud, unjust enrichment, and civil conspiracy claims, but without prejudice.
Why it matters
The ruling allows the case to move into discovery, where JM Eagle can examine how the law firms' claims were generated, investigated and brought. The court also held that the Noerr-Pennington doctrine, which protects petitioning activity, is not absolute and has exceptions for alleged sham litigation.
The racketeering claims survived dismissal and the case is in the discovery phase after two years in Chicago federal court. The allegations that the firms defrauded asbestos plaintiffs, state regulators and defendants remain unproven.
The players
Robert Gettleman
Gettleman is a U.S. District Judge in the Northern District of Illinois who presided over the case in Chicago federal court.
JM Eagle
JM Eagle is a manufacturer that has been the target of more than 430 asbestos filings by Simmons Hanly since 2001.
Simmons Hanly Conroy
Simmons Hanly Conroy is an Alton, Illinois-based law firm known for mesothelioma and asbestos litigation.
Sokolove Law
Sokolove Law is a Chestnut Hill, Massachusetts firm named in the suit as an alleged lead generator for Simmons Hanly.
The details
JM Eagle alleges Simmons Hanly Conroy, an Alton, Illinois firm focused on mesothelioma and asbestos claims, suppressed evidence and used falsified testimony to recover billions of dollars from asbestos defendants. The suit also names Sokolove Law of Chestnut Hill, Massachusetts, which the company says acts as a lead generator and receives a share of Simmons Hanly's recoveries.
Timeline
March 2025: Judge Gettleman dismissed JM Eagle's initial lawsuit.
November 6, 2026: Gettleman denied the motions to dismiss the RICO claims.
Legal Context
The court's reading of the Noerr-Pennington doctrine, which stems from the First Amendment right to petition the government, leaves room for sham-litigation exceptions. That limits how far litigation-based immunity can shield law firms accused of fraud in mass-tort cases.
Asbestos plaintiffs and defendants in Illinois and elsewhere could see the discovery process shape how mass-tort claims are vetted. The outcome may affect how settlements and recoveries are pursued in future asbestos cases.
The takeaway
Courts are willing to test whether litigation-based immunity covers conduct alleged to be fraudulent. Readers following mass-tort cases should watch how discovery develops in this matter.
Further reading
For related coverage, see Financial Crime reporting from Illinois.
Source note: This article includes information reported by Reuters.
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