Today, the Illinois Supreme Court ruled in favor of plaintiffs and protected an employee's right to bring a civil suit against his employer when a workers compensation remedy is unavailable. This decision in Martin v. Goodrich means that victims of asbestos exposure in Illinois will continue to have a right to pursue an action against their employers for causing their diseases, like mesothelioma.
In a 7-0 ruling in favor of plaintiffs, the Court found that the legislature's 2019 amendment allowing for a civil tort remedy did not violate Illinois' due process protections.
On a day like this, it's impossible to not be grateful for the Herculean efforts of two legends from Cooney & Conway that departed us way too soon: John Cooney and Kathy Byrne. It should be no surprise that each played a leading role for years in advancing this legislation and protecting plaintiffs' rights in the courts.
"It has been the honor of my career to carry the torch for John and Kathy by submitting an amicus brief in support of Illinois plaintiffs. I wanted to make John and Kathy proud, and I think we accomplished that goal.”
– Matthew J. Adair, Cooney & Conway partner who spearheaded the filing of an amicus brief on behalf of the Illinois Trial Lawyers Association.