The Illinois Supreme Court has reversed the recent decision of the Illinois Appellate Court, First District, which had created unlimited tort liability for Illinois employers of asbestos plaintiffs. In Folta v. Ferro Engineering, 2015 IL 118070, released November 4, 2015, the Court held that it was the responsibility of the State Legislature, not the courts, to modify the language of the Illinois Workers’ Compensation Act, and restored the exclusive remedy defense to Illinois employers of asbestos plaintiffs. Ed Matushek had joined in an amicus brief filed in the Supreme Court on behalf of three of our employer-clients and we are pleased to report that their cooperation contributed to our success in overturning a very dangerous decision by the appellate court that had adopted the reasoning of the Pennsylvania courts in Tooey.
A copy of the decision is available here. (PDF opens in a new window.)