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January 9, 2015

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New Laws Affecting Civil Justice System Prompt Reaction
From the Madison County Record
Two new laws enacted by lame duck Governor Pat Quinn have some legal observers concerned about their consequences.
Just before Christmas, Quinn signed into law a bill that eliminates the statute of repose for asbestos cases and one that shrinks civil juries from 12 to six jurors.
Not only do opponents object to the substance of the measures, but also the“11th hour” method in which they were rushed through the state legislature.
“Something of this magnitude should not be rushed through,” said Travis Akin, executive director of the Illinois Lawsuit Abuse Watch. “It needs to be debated and given its deserved weight.”
He added that the bills were introduced just before Thanksgiving and signed into law just before Christmas.
“That’s what you do when you have bad ideas that you can’t defend in the light of day,” Akin said.
The so-called “veto session surprise” was spearheaded by the Illinois Trial Lawyers Association and lifts a 10-year statute of repose on filing asbestos suits in Illinois.
Patrick Haines of the Napoli Bern Ripka Shkolnik law firm said the new asbestos-related law brings about necessary changes.
“I think the entire concept of a statute of repose as applied to a latent disease like mesothelioma is inherently unfair,” Haines said. “How is it just that a person can have the deadline to file their cause of action expire before they can even know they are sick and injured? Yet that’s exactly what the repose statute in Illinois does. So I applaud the legislature for fixing that injustice.”
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