Photo of Litigation Blog Michael H. Cantieri mcantieri@smsm.com
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Mr. Cantieri is an experienced litigator with a record of success. Mr. Cantieri has dedicated his legal career to defending companies in litigation with a focus on personal …

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Illinois Supreme Bars Civil Asbestos Action Under Workers’ Compensation Act Exclusive Remedy Provision

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On November 4, 2015, the Illinois Supreme Court issued its opinion in the matter of Folta v. Ferro Engineering, 2015 IL 118070 (2015), holding that an employee is barred from bringing an action in civil court by the exclusive remedy provisions of the Workers’ Compensation Act (820 ILCS 305/1 et seq.) and the Workers’ Occupational Diseases Act (820 ILCS 310/1 et seq.) (hereinafter “the Acts”), when the employee’s injury or disease first manifests after the expiration of certain time limitations under those acts.  For employers and employees involved in asbestos litigation, it is advisable to become familiar with the Acts as well as the Court’s ruling in Folta in order to monitor its effect on future litigation and legislation.  More »

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