We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the “Act”).1 Since then, the Seventh Circuit has recognized the Illinois Supreme Court’s ruling as an “unequivocal determination” of Illinois law and allowed a plaintiff’s tort claims to proceed as exempt from the Act’s exclusivity provisions.
On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the “Act”).1 This decision confirms that Plaintiffs can indeed file civil claims after the 25-year statute of repose period for asbestos claims under Workers’ Compensation has expired. This decision will have a far-reaching impact throughout toxic tort litigation as it allows employees to pursue civil claims against their employers even if their Workers’ Compensation claim would otherwise be barred.
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort lawsuits in the United States. The 2024-2025 Judicial Hellhole rankings crown a new #1 Judicial Hellhole (thanks in large part to a 10-figure nuclear verdict that sealed the crown) and also welcome a new member (King County, Washington) to the ranks.
On May 18, 2023, the Illinois General Assembly passed House Bill 219 (Bill) which, if signed by Governor Pritzker, would allow punitive damages in wrongful death cases. Illinois law does not currently permit punitive damages for recovery, only allowing compensatory damages. Suits against state and local government officials will still be exempt from damages if the legislation passes.
On September 27, 2021, after 18 days of trial and a mere hour of deliberations, a City of St. Louis, Missouri jury rendered a defense verdict in favor of Johnson & Johnson (“J&J”) on claims of three women diagnosed with ovarian cancer. Forrest v. Johnson & Johnson, et al., No. 1522-CC00419-02 (Mo. Cir. Ct., St. Louis Cty.). Notably, in 2018, a City of St. Louis jury returned a staggering $4.7 billion verdict in favor of 22 woman who claimed that J&J’s asbestos-contaminated talcum powder caused their ovarian cancer.
Illinois Governor Pritzker signed into law Senate Bill 72 (SB 72), which includes prejudgment interest and amends the Illinois Interest on Judgment Act 735 ILCS 2-1303 (Act). The amendment imposes six-percent prejudgment interest on economic and noneconomic damages in personal injury and wrongful death cases. Prior to SB 72’s passing, Illinois generally only recognized post-judgment interest at nine-percent per annum, running from when the judgment was made to the time it was satisfied. Personal injury plaintiffs generally could not recover losses incurred before judgment, but will be able to following SB 72’s effective date on July 1, 2021.
HB 3360, vetoed by Gov. Pritzker on March 25, would have imposed 9 percent prejudgment interest on personal injury and wrongful death claims in Illinois. This is the governor’s first bill rejection in two years and his ninth veto since taking office.
HB 3360’s pathway to Gov. Pritzker’s desk was unusual: it was passed quickly and quietly during the Illinois legislature’s January lame duck session, where lawmakers worked through the night to get the bill finalized. The governor was expected to sign the bill as soon as it passed, but, surprisingly, a wait ensued after it reached his desk, suggesting that the bill would require some work. See our prior analysis of HB 3360’s provisions.
The Illinois Supreme Court recently held that an increased risk of future harm is not an injury; tossing a class action suit which sought damages related to the City of Chicago’s replacement of water meters and water main pipes. The named Plaintiffs had filed the case on behalf of all Chicago residents who had water mains or meters replaced or installed between January 2008 and January 2017. The suit alleged negligence and inverse condemnation against the City of Chicago.
In a fact-intensive decision issued on October 22, 2020, the Illinois Supreme Court determined in Sergiu Tabirta v. James J. Cummings, et al. that the mere presence of an employee’s home office in Cook County was insufficient, by itself, to establish proper venue over his employer in the jurisdiction. Merely having an employee with a home office in the venue was insufficient under the circumstances to constitute “doing business” or maintaining an “other office” there to satisfy the requirements of Illinois’ venue statute.
On January 13, 2021, the Illinois General Assembly passed House Bill 3360 (Bill) which, if signed by Governor Pritzker, would impose a 9 percent per annum prejudgment interest rate in wrongful death and personal injury tort actions. Illinois law does not currently recognize prejudgment interest in such tort actions, only allowing a post-judgment interest rate of 9 percent per annum running from the date of the judgment’s entry through the date of satisfaction. 735 ILCS 5/2-1303(a). While 5 percent prejudgment interest is permitted in certain cases where liability is clear and damages are readily ascertainable, such interest has never been permitted in personal injury cases, as damages are too difficult to calculate in advance.