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Posts by Derek Ruzicka

Illinois Amends Construction Statute of Repose To Exclude Asbestos Claims, But Amendment Not Be Retroactive In Certain Cases

Amendment Excludes Asbestos Claims

In December, 2014, former Governor Pat Quinn signed Public Act 98-1131, § 5, into law, adding Subsection (f) to Illinois’ Construction Statute of Repose (735 ILCS 5/13-214) to exclude claims based on personal injury, disability, disease, or death resulting from the “discharge into the environment of asbestos.”  All other language of the statute remains unchanged.  The relevant text of the statute, as amended, reads as follows:

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Missouri High Court Strikes Down Punitive Damages Cap in Common Law Actions Existing Before 1820

In the case of Lillian M. Lewellen v. Chad Franklin and Chad Franklin Auto Sales North LLC, No. SC92871, (Mo. banc Sept. 9, 2014), the Supreme Court of Missouri recently struck down Missouri’s statutory cap on punitive damages (Mo. Rev. Stat. § 510.265) for all common law causes of action that existed before Missouri’s Constitution was adopted.  In short, the Court held the cap on punitive damages was unconstitutional as applied to all causes of action existing at common law before 1820.  The Court previously held the statutory cap applied to causes of action created after 1820 (i.e. claims created by statute).  See Lewellen, at *8, fn 9. Read more