Punitive Damages Reform: SB 482 (1995).
Requires 40% of punitive damages awards to be paid to
Requires 40% of punitive damages awards to be paid to the prevailing party, 60% to the state fund, and no more than 20% to the attorney of the prevailing party. Requires a plaintiff to show by “clear and convincing” evidence that a defendant “acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Provides for court review of jury-awarded punitive damages. Bars the claiming of punitive damages in an original complaint. Requires a plaintiff to show a prima facie case for liability before amending a complaint to include a punitive damages claim. The split-recovery statute allocating 60% of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.
Latest News
View all news
Poll Shows Public Disapproval for COVID-19 Lawsuits; Government Aid for Small Businesses Overwhelmingly Preferred
With a new presidential administration officially at the helm, public support for aid to small businesses and others impacted by the pandemic remains high. A new survey released today by the American Tort Reform […]
Trial Lawyers’ Rush Amendment Passes IL House in Early Morning Hours, Heads to Governor
ATRA’s statement on passage of Amendment 1 to Illinois House Bill 3360
IL Lawmakers Rush to Amend Bill for Trial Lawyers’ Gain, Ignore COVID-19 Liability Protections
ATRA’s statement on Amendment 1 to Illinois House Bill 3360
Statement Concerning Violent Mob Attack on U.S. Capitol
ATRA President Tiger Joyce released the following statement in response to the unprecedented attack on the U.S. Capitol building on January 6:
Congress Fails to Protect Small Businesses & Others from COVID-19 Liability
ATRA voices its disappointment as Congress fails to include liability protections in its latest COVID-19 relief package.
Courts in ‘Judicial Hellholes’ Less Likely to Abide by SCOTUS Precedent
ATRA President Tiger Joyce writes in this op-ed about a growing trend of state courts bucking SCOTUS precedent when it comes to personal jurisdiction.