On May 17, 2019, Illinois Governor Pritzker signed legislation eliminating the state’s 25-year statute of repose under the Workers’ Compensation Act for latent diseases, overturning the prominent Supreme Court decision in Folta v. Ferro Engineering, 2015 IL 118070 (2015), which established clear precedent that an employee’s exclusive remedy lies under either the Workers’ Compensation or Occupational Diseases Act. Under the old law, an employee did not have a civil tort cause of action against their employer. This new law now creates an exception to the traditional exclusive remedy provision that has been part of the Illinois Workers’ Compensation system for over 80 years.
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Recently, the U.S. District Court for the District of Colorado recognized a defendant’s potential liability based on take-home exposure. In Mestas v. Air & Liquid Systems Corporation et. al., No. 18-cv-01006, Plaintiff alleged direct exposure and take-home exposure. Plaintiff alleged that his father was exposed to asbestos-containing products while working as a plumber and pipefitter, and that his father then carried asbestos home on his clothing which in turn, exposed Plaintiff to asbestos. Defendants filed a motion to dismiss, arguing that they owed no duty to Plaintiff based on take-home exposure.
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Shortly after the inauguration of Illinois Governor J.B. Pritzker, legislation was introduced in both the Illinois House and Senate to essentially override the Illinois Supreme Court’s decision in Folta v. Ferro Engineering, 2015 IL 118070 (2015). In Folta, the Illinois Supreme Court held that the Worker’s Compensation Act and Occupational Diseases Act was the exclusive remedy to Illinois employees who suffered latent injuries such as mesothelioma.
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In its decision Tuesday, the U.S. Supreme Court held, under maritime law, that manufacturers can be held liable for injuries caused by asbestos-containing parts manufactured and added to their products by third parties. The case, Air & Liquid Systems Corp. v. DeVries, involved Navy sailors who were allegedly exposed to asbestos that was used with certain equipment on the Navy vessels to which they were assigned. The sailors claimed this exposure ultimately caused their cancer. The sailors brought suit against the manufacturers of equipment such as pumps, blowers, and turbines, alleging that the manufacturers were negligent in failing to warn them about the dangers of asbestos.

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Toxic Tort Monitor

February 20, 2019 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Missouri’s Game-Changing Opinion on Venue in Multi-Plaintiff Tort Litigation
By Dominique Savinelli and Tim Larkin

On February 13, 2019, the Supreme Court of Missouri dealt a significant blow against improper forum shopping by plaintiffs in mass tort litigation. The Johnson &

Toxic Tort Monitor

July 25, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Delaware Supreme Court holds that Both Manufacturers and Employers can be Liable for Take-Home Exposure
By Jackson Otto

In Ramsey v. Georgia Southern University Advanced Development Center, et al., C.A. No. N14C-01-287 ASB, Delaware’s Supreme Court reversed the decision of

Toxic Tort Monitor

June 18, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
New Tool for Non-Resident Defendants Seeking to Challenge Personal Jurisdiction in Illinois
By Dominque Savinelli

If you are a non-resident corporate defendant in Cook County, Illinois, you should become familiar with Campbell v. Acme Insulations, Inc., as it will undoubtedly