McClure v. Owens Corning Fiberglas Corp.

In nullifying the jury’s verdict and entering judgment for defendants, the majority refers to “the lack of evidence supporting th[e] agreement element of plaintiffs’ conspiracy claims” (188 Ill. 2d at 152) and opines that “the evidence *** cannot support the jury’s determination that plaintiffs proved agreement by clear and convincing evidence” (188 Ill. 2d at 152). These statements reflect two basic flaws in my colleagues’ analysis. First, the majority fails to adhere to the applicable standards for entry of judgment n.o.v. Under established law, which the majority correctly cites, then…