Scott v. Midwest, Ltd.

ORDER

McDADE, District Judge.

Before the Court is Defendants’ Motion to Dismiss or Motion for Partial Summary Judgment as to Count III of Plaintiffs Third Amended Complaint [Doe. # 66], Count III alleges an action under the Illinois Structural Work Act (SWA). Defendant contends that because the Act was repealed as of February 14, 1995, P.A. 89-2, § 5, Plaintiff can no longer bring such an action. The Court agrees.

Illinois law is clear on this point:

The unconditional repeal of a special remedial statute without a saving clause stops all pending actions where the repeal finds them. If final…