This follows our bulletin of 12/5/14 advising that the Illinois General Assembly had passed legislation (Senate Bill 2221) during a lame duck session rendering the ten-year Illinois Construction Statute of Repose inapplicable to asbestos personal injury suits. As anticipated, SB 2221 was signed into law (PA 098-1131) by outgoing governor Pat Quinn last Friday, December 19. The effective date of the bill will be June 1, 2015. Depending on how this legislation is applied by the courts, defendants may have grounds for a constitutional challenge. The Illinois Supreme Court has previously held that reviving a time-barred claim by way of amended legislation is prohibited by the Due Process Clause of the Illinois Constitution.
We will continue to monitor this closely and keep you advised.