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Another Failed Attempt At Ill. Tort Reform

Law360

February 2010
By: David Goldhaber

Sedgwick Chicago attorney David Goldhaber's article discussing the Illinois Supreme Court's most recent decision on tort reform was published on Law360.

From the article:

On Feb. 4, 2010, for the third time in the last 30 years of Illinois legislative tort reform efforts, the Illinois Supreme Court has thrown out the most recent reform statute, Public Act 94-677, as unconstitutional.

In Lebron v. Gottlieb Memorial Hospital, -- N.E.2d --, 2010 WL 375190 (Ill. 2010), the court declared the health care reform statute constitutionally unenforceable since its limitation on noneconomic damages in medical malpractice actions ($500,000 for doctors and $1,000,000 for hospitals) violated the separation of powers doctrine by encroaching on the judiciary’s inherent power to correct jury verdicts through remittitur.

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Goldhaber, David M.

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Chicago

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