Special Interest Legal Package:
Letting Gross Negligence off the Hook

 

The Illinois Civil Justice League and U.S. Chamber of Commerce’s recent legislative package is a carefully crafted group of bills that provide relief and protections for the major industries lobbying for them.  These bills do nothing but protect a host of wrongdoers from liability.  Among those who would benefit from this bill are the tobacco industry, pharmaceutical companies, the insurance industry, toxic polluters, makers of unsafe children’s products, drunk drivers, and even street criminals. There is nothing at all in any of these bills to help consumers.  Among the most egregious bills in this package are:

SB 2896/HB 4984 Venue Bill -   This bill would allow an out of state corporation (most big corporations are based in other states) to force an Illinois resident, who is injured in Illinois, to fight to keep their case in Illinois regardless of the expense or severe inconvenience to the victim.  He or she may get forced to seek justice in another state or even another country.  This bill creates an unfair burden for injured Illinois residents because it may multiply cost, time, distance, litigation, and even states involved in a single for a single injury or case. When cases against Illinois citizens are forced out of state, Illinois residents are then denied the protection of many of Illinois’ carefully crafted laws.  This bill would have a similar effect on lawsuits with in-state defendants like people injured downstate by a Cook County business or individual, forcing many cases to be filed or moved to Cook County.

SB 2893/HB 4981 Repealing Joint and Several Liability – The doctrine of joint and several liability, which has been in effect for centuries, is a fairness rule that protects injured consumers.  It applies when more than one defendant is found fully responsible for causing an injury (each one’s negligent conduct was enough to fully cause the injury.)  If one wrongdoer is insolvent or cannot pay their share, the other fully-responsible wrongdoers must pick up the tab, to make sure the innocent victim is fully compensated.  Repealing this rule would devastate crime victims, such as a rape survivor who brings a civil action against a grossly negligent landlord for hiring the assailant who is indigent, or in cases involving more than one environmental polluter where one company is insolvent and cannot pay its share of compensation for causing injuries or death.

SB 2890/HB 4982 Limiting Non-Economic Damages – This bill forces judges to question jury verdicts that the judge already believes are fair and supported by the evidence.  Politicians should not be ordering either judges or juries, who are the only ones who hear the evidence in a case, to change or justify their decisions at the behest of wrongdoers, as this bill does.  Moreover, there is absolutely no basis for this legislation.  Credible and objective studies of juries find that they are competent, responsible and rational, and their decisions reflect continually evolving community attitudes about corporate responsibility and government accountability.  If a jury award is ever excessive, the trial judge or appellate courts already have the power to reduce it.  By creating political pressure on judges to shortchange injured citizens, this bill greatly disturbs the careful system of checks and balances that currently exists between our legislative (political) and state judicial systems.

SB 2894/HB 4984 Asbestos Defense - This cruel provision would allow asbestos companies to dodge liability for severely injuring workers and other Illinois citizens by allowing finger pointing to deflect blame onto others, regardless of whether they themselves exposed the victim to enough asbestos to cause severe illness.  Current law prevents this.  It will also discourage companies from settling cases, driving up the cost of litigation for the victim and the court system. 

SB 2895/HB 4980 Class Action Bill – This legislation would make it almost impossible for Illinois residents to bring a large consumer fraud or other class action in Illinois, forcing Illinois residents to lose the protection of Illinois’ consumer protection laws.  Even if suing a company based in Illinois, the injured party would almost always have to file in the plaintiffs hometown.  For example, aggrieved homeowners from Carbondale insured by State Farm would most likely have to file their class action in Bloomington, home of State Farm.  The bill contains additional provisions that allow large corporations accused of wrongdoing to drive up the time and expense for the victims.  These provisions could be so financially onerous that they will effectively price injured parties out of filing class action lawsuits.