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IL HB4004
Bill
Status
2/26/2009
Primary Sponsor
Sidney Mathias
Click for details
AI Summary
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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).
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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.
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Prevents punitive damages awards unless compensatory damages (not nominal damages) were awarded in the first trial stage.
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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.
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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