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Illinois Supreme Court Rules in Asbestos Case
The Illinois Supreme Court issued a long-awaited decision April 16 in Nolan v Weil-McLain, No. 103137, 365 Ill App 3rd 963. In its opinion, the court changed direction and overturned the so-called “Lipke rule” from a prior Illinois appellate decision handed down in 1987. Under the Lipke rule, juries in asbestos cases were kept in the dark about central facts related to causation. Jurors would hear only of exposure to the defendant’s asbestos-containing products made or sold by other responsible parties that had settled, were insolvent or were otherwise unavailable for trial.
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