Heyl Royster



Firm Co-Authors Amicus Brief on Statute of Limitations Case for IDC


On January 21, 2015, the Illinois Supreme Court granted leave for the Illinois Association of Defense Trial Counsel (IDC) to file its amicus brief in support of Ferro Engineering in the case of Folta v. Ferro Engineering, 2014 IL App (1st) 123219, leave to appeal allowed, Sept. 24, 2014 (No. 118070). The amicus brief was co-authored by Brad Elward and Melissa Schoenbein. The issue before the court is whether a former employee can file a common law action against his former employer for injuries allegedly caused by asbestos exposure at work, when the condition did not manifest itself until after the expiration of the 25-year statute of limitations for filing a workers' compensation claim, or whether that claim is barred by the Act's exclusive remedy provisions.