Governor Quinn nixes Illinois statute of repose for construction asbestos claims

Source: http://www.lexology.com, December 24, 2014
By: Steven M. Siros, Jenner & Block

In one of his last acts on the way out of office, Governor Quinn gave what some describe as a “big Christmas gift for the plaintiffs’ bar” when he signed into law a bill that exempts construction-related asbestos personal injury claims from Illinois’ ten-year statute of repose. SB 2221 was targeted at plaintiffs suffering from mesothelioma, a form of lung cancer with a long latency period. The bill will go into effect on June 1, 2015.
The bill was opposed by pro-business groups which argued that the bill only further reinforced Illinois’ reputation for having an abusive legal climate. According to Illinois Lawsuit Abuse Watch, Madison County, Illinois is home to a quarter of the nation’s asbestos litigation and this bill will certainly enable additional asbestos litigation. On the other hand, the bill’s sponsors contend that the bill levels the playing field for those suffering from mesothelioma, a disease for which the symptoms may not present themselves for more than 20 years after exposure. Please click here to see a copy of the bill that was signed into law by Governor Quinn.

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