Heyl Royster

Illinois Supreme Court Upholds Asbestos Claim Extension: Implications for Employers and Liability

Posted on January 29, 2025 at 9:00 AM by Michael Schag

Some of you may recall we provided a Minuteman Alert last April indicating the Illinois Supreme Court would take up certified questions presented by the United States Court of Appeals for the Seventh Circuit regarding Illinois workers’ compensation exclusivity (WCE). The Illinois Supreme Court has issued its decision in Martin v. Goodrich, 2025 IL 130509.  The decision upholds a 2019 statutory amendment and holds that a plaintiff can proceed with a civil lawsuit after the 25-year repose period for asbestos claims.  Employer defendants likely will now consider seeking an application of foreign law (i.e. another state’s law) if the facts will allow for it.  In some cases, it will be possible because many cases are brought into Illinois courts with underlying facts that occurred elsewhere.  To the extent an employer defendant is unable to sustain the application of foreign law to justify an exit from the case, other categories of defendants in any given case may find there is an additional party sharing the liability burden. 

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