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IL SB1439
Bill
AI Summary
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Prohibits juries from considering defendant's wrongdoing, misconduct, guilt, wealth, or financial resources when determining noneconomic damages (pain and suffering awards).
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Requires bifurcated trials in cases involving punitive damages if requested by any defendant, with the first stage determining liability and compensatory damages, and the second stage determining punitive damages eligibility.
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Mandates trial courts perform rigorous post-trial review of noneconomic damage awards challenged as excessive, considering factors such as inflamed passion/prejudice, improper consideration of defendant's wealth or misconduct, and comparison to verdicts for comparable injuries.
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Requires appellate courts to use de novo standard of review when considering appeals of noneconomic damages awards on grounds of excessiveness.
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Applies to actions filed on or after the bill's effective date, which is upon becoming law.
Legislative Description
FULL FAIR NONECONOMIC DAMAGE
Last Action
Session Sine Die
1/13/2021