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IL HB4004

Bill

Status

Introduced

2/26/2009

Primary Sponsor

Sidney Mathias

Click for details

Origin

House of Representatives

96th General Assembly

AI Summary

  • Prohibits fact finders from considering evidence of defendant's wrongdoing, misconduct, guilt, wealth, or financial resources when determining noneconomic damages (pain and suffering, mental anguish, loss of consortium, disfigurement, and similar compensatory awards).

  • Requires bifurcated trials before the same jury in cases involving punitive damages if any defendant requests it, with the first stage determining liability and compensatory damages and the second stage determining punitive damages liability.

  • Prevents punitive damages awards unless compensatory damages (not nominal damages) were awarded in the first trial stage.

  • Requires trial courts to perform rigorous analysis of noneconomic damage awards challenged as excessive, considering whether evidence inflamed passion or prejudice, improper wealth consideration, or circumvented punitive damage standards, and comparing verdicts to similar injury cases.

  • Applies to actions filed after the effective date and takes effect immediately upon becoming law.

Legislative Description

FULL FAIR NONECONOMIC DAMAGE

Last Action

Rule 19(a) / Re-referred to Rules Committee

3/13/2009

Committee Referrals

Rules3/13/2009
Judiciary I - Civil Law3/3/2009
Rules2/26/2009

Full Bill Text

No bill text available