ROGERS v. TYSON FOODS, INC.

No. 5-08-0205.

895 N.E.2d 97 (2008)

Timothy A. ROGERS and Alan Westfall, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees, v. TYSON FOODS, INC., Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

September 18, 2008.


Attorney(s) appearing for the Case

Robert H. Shultz, Jr., Heyl, Royster, Voelker & Allen, Edwardsville, Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, David B. Johnson, Alexa C. Warner, Sidley Austin, LLP, Chicago, IL, for Appellant.

John W. Hoffman, Korein Tillery, LLC, St. Louis, MO, Herman Watson, Jr., Rebekah Keith McKinney, Eric J. Artrip, Watson, Jimmerson, Martin, McKinney, Graffeo & Helms, P.C., Huntsville, AL, J. Dudley Butler, J. Dudley Butler, P.A., Benton, MS, Joe E. Whatley, Jr., Whatley, Drake & Kallas, L.L.C., Birmingham, AL, Ron Parry, Parry, Deering, Futscher & Sparks, P.S.C., Covington, KY, for Appellees.


Justice SPOMER delivered the opinion of the court:

The defendant, Tyson Foods, Inc., appeals from the order of the circuit court of Madison County that denied its motion for a summary judgment. The defendant requested a summary judgment in its favor on the basis that federal law preempts the claims of the plaintiffs, Timothy A. Rogers and Alan Westfall, which they have brought on behalf of themselves and others similarly situated. For the reasons that follow, we dismiss...

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