Illinois Issues

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Joint and Several Liability Reform: HB 20 (1995).

Illinois|1995

Bars application of the rule of joint and several liability

Bars application of the rule of joint and several liability in the recovery of all damages. The reform violates the State Constitutional prohibition against special legislation. Best v. Taylor Machine Works, Inc., 689 N.E.2d 1057 (Ill. 1997).

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Challenged and Struck Down

Joint and Several Liability Reform: SB 1200 (1986).

Illinois|1986

Bars application of the rule of joint and several liability

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Bars application of the rule of joint and several liability in the recovery of noneconomic damages from defendants found to be 25% or less at fault. Except in auto, product or environmental cases.

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Medical Liability Reform: Noneconomic Damages Reform: SB 475 (2005).

Illinois|2005

Limits noneconomic damages in medical liability cases to $500,000 per

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Limits noneconomic damages in medical liability cases to $500,000 per physician and $1 million per hospital.

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Challenged and Struck Down

Held unconstitutional by the Illinois Supreme Court in LeBron v. Gottlieb Mem. Hosp., 930 N.E.2d 895 (Ill. 2010).

Noneconomic Damages Reform: HB 20 (1995).

Illinois|1995

Limits noneconomic damages to $500,000. The reform violates the State

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Limits noneconomic damages to $500,000. The reform violates the State Constitutional prohibition against special legislation and separation of powers provision of the State Constitution. Best v. Taylor Machine Works, Inc., 689 N.E.2d 1057 (Ill. 1997).

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Challenged and Struck Down

Reforms

Product Liability Reform: HB 20 (1995).

Illinois|1995

Establishes affidavit requirements in product liability cases. Creates a presumption

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Establishes affidavit requirements in product liability cases. Creates a presumption of safety, where manufacturers meet state and federal standards, and where no practical or feasible alternative design existed at the time the product was manufactured. Applies statutes of repose on all product liability cases to bar an action after either 12 years from the first sale or 10 years from the first sale to a user or consumer.

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Challenged and Struck Down

Held unconstitutional by the Illinois Supreme Court in Best v. Taylor Machine Works, Inc., December 1997.

Reforms View All »

Punitive Damages Reform: HB 20 (1995).

Illinois|1995

Limits the award of punitive damages to three times the

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Limits the award of punitive damages to three times the award of economic damages. Prohibits the award of punitive damages absent a showing that the defendant engaged in conduct “with an evil motive or with a reckless indifference to the rights of others.” Requires the determination of awards for punitive damages to be made in a separate proceeding. The reform is unconstitutional. Best v. Taylor Machine Works,Inc., 689 N.E.2d 1057 (Ill. 1997).

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Challenged and Struck Down

Punitive Damages Reform: SB 1200 (1986).

Illinois|1986

Prohibits a plaintiff from pleading punitive damages in an original

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Prohibits a plaintiff from pleading punitive damages in an original complaint. Requires a subsequent motion for punitive damages to show at a hearing a reasonable chance that the plaintiff will recover an award for punitive damages at trial. Requires a plaintiff to show that the defendant acted “willfully and wantonly.” Provides discretion to the court to award punitive damages among the plaintiff, the plaintiff’s attorney, and the State Department of Rehabilitation Services.

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Miscellaneous

Trial Lawyers’ Rush Amendment Passes IL House in Early Morning Hours, Heads to Governor

Press Releases

ATRA’s statement on passage of Amendment 1 to Illinois House Bill 3360

Appeal Bond Reform

Joint and Several Liability

Medical Liability Reform

Noneconomic Damages Reform

Phantom Damages Reform

Product Liability

Punitive Damages

Miscellaneous

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