On November 22, 2013, the Supreme Court of Pennsylvania issued an order in Tooey v. Ak Steel Corp., 81 A.3d 851 (Pa., 2013) that had major implications for toxic tort litigation in the state.  Plaintiff John Tooey allegedly worked for Ferro Engineering as an industrial salesman of asbestos products from 1964 to 1982.  In 2007, Mr. Tooey developed mesothelioma; he passed away the following year.  The Tooey court considered whether the manifestation of an occupational disease outside of a 300-week period set forth by the Pennsylvania Workers’ Compensation Act removed a claim from the protection of the Act, such that the exclusivity provision of the Act did not apply.  The court concluded that claims for occupational diseases with long latency periods – over 300 weeks – do not fall within the purview of the Act and, therefore, the exclusivity provision is inapplicable.