Illinois Supreme Court: Asbestos Cases

Our case-law library holds 12 asbestos decisions from the Illinois Supreme Court (1981–2019). Each links to our summary and the full opinion.

• State: Illinois
• Kind of court: State supreme court

Decisions

• Jones v. Pneumo Abex LLC (2019). The Illinois Supreme Court reversed the appellate court's reinstatement of the civil conspiracy claims against Owens-Illinois and Pneumo Abex and remanded to the appellate court to review the circuit court's summary judgment for those defendants under the correct standard.
• Folta v. Ferro Engineering (2015). The Illinois Supreme Court reversed the appellate court and affirmed the circuit court's dismissal, so Ferro Engineering won and Ellen Folta's wrongful death action against it was barred.
• Simpkins v. CSX Transp., Inc. (2012). The Illinois Supreme Court affirmed the appellate court's reversal of the dismissal of the complaint against CSX Transportation on different grounds, held the complaint's duty allegations insufficient, and remanded so plaintiff could amend.
• Nolan v. Weil-McLain (2009). The Illinois Supreme Court reversed the appellate court and circuit court judgments for the plaintiff executrix and remanded for a new trial, because the trial court wrongly barred Weil-McLain from presenting evidence of the decedent's other asbestos exposures.
• McClure v. Owens Corning Fiberglas Corp. (1999). The Illinois Supreme Court reversed the appellate court and the jury verdicts for the three plaintiffs, and ordered judgment entered for Owens Corning and Owens-Illinois because the evidence did not prove a civil conspiracy.
• Adcock v. Brakegate, Ltd. (1994). The Illinois Supreme Court affirmed the appellate court and the $213,811.79 judgment for the plaintiff estate against Owens-Corning, holding Owens-Corning waived its challenge to the conspiracy counts by answering and going to verdict.
• Thacker v. Unr Industries, Inc. (1992). The Illinois Supreme Court affirmed the appellate court, which had upheld the jury verdicts for plaintiff Lois Thacker and denied the Manville Fund's request for judgment n.o.v.
• Board of Education v. A, C & S, Inc. (1989). The court affirmed the appellate court in part, reinstating the school districts' strict liability, negligence and negligent misrepresentation claims against the asbestos defendants. It upheld dismissal of the fraud, warranty, restitution, Consumer Fraud Act and implied Asbestos Abatement Act claims, and remanded.
• Zurich Insurance Co. v. Raymark Industries, Inc. (1987). The Illinois Supreme Court affirmed the appellate court: coverage is triggered by bodily injury, sickness or disease during a policy period; insurers need not defend after exhausting limits; no pro rata allocation; no jury right. Zurich, Federal and Commercial Union won on the defense-duty issues, and Raymark won on the trigger and allocation issues.
• Costello v. Unarco Industries, Inc. (1986). The Illinois Supreme Court reversed the lower courts' dismissal of the strict liability counts against H.K. Porter and remanded, holding Marion Costello's suit was timely under section 13-213.
• Froud v. Celotex Corp. (1983). The Illinois Supreme Court reversed the appellate court and affirmed the circuit court's dismissal of the plaintiffs' common law punitive damages claims against the asbestos defendants, including Celotex, because those claims did not survive the decedents' deaths under the Survival Act.
• Nolan v. Johns-Manville Asbestos (1981). The Illinois Supreme Court affirmed the appellate court's reversal of summary judgment for the defendants (Johns-Manville and others) and remanded to the circuit court, so the plaintiff's estate may proceed on the asbestosis claim.