image
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
A quiet lame duck win

Wednesday, Jan 30, 2013

* January’s lame duck session was a bust, but not a complete bust. The trial lawyers scored a victory. But, so far, only myself, the Madison-St. Clair Record and the Tribune have written much about this proposal. The Record

Gov. Pat Quinn on Friday put his stamp of approval on a bill that places a cap on attorneys’ fees in medical malpractice cases.

Pushed by the Illinois Trial Lawyers’ Association, Public Act 97-1145 caps these fees at one-third of a plaintiff’s award and bars lawyers from petitioning the court for higher fees.

The new law, which was introduced earlier this month as Senate Floor Amendment No. 2 to House Bill 5151, took effect Friday.

* Tribune

The bill surfaced in the Senate on Jan. 2, tacked onto a measure that originally dealt with firearm ranges. A day later it passed the Senate mostly on Democratic votes. Over in the House, powerful Democratic Speaker Michael Madigan sponsored the bill. A few days later it went to the governor on a 67-46 vote, again with mostly Democratic support. Quinn signed the measure into law Jan. 18, disclosing his move on a Friday afternoon, when politicians often choose to bury controversial news.

The law eliminates the sliding scale that spelled out how much attorneys could charge for bringing medical malpractice cases. Previously, attorneys could collect one-third of an award up to $150,000, 25 percent for awards ranging from $150,000 to $1 million and 20 percent for awards of more than $1 million. Attorneys also could petition the court for even higher fees, a practice the new law eliminated.

The new system will see attorneys collecting a flat one-third rate on all awards. The Medical Society contends that means a patient who was awarded $1 million would now pay $333,333 in attorney’s fees as opposed to $262,500 under the old standards — the first $150,000 of the award at the one-third rate and the rest at the 25 percent rate.

“This (law) goes against the purpose for which money is awarded to an injured patient,” said Dr. William N. Werner, Illinois medical society president. “Awards are intended to offset patients’ losses, not pad the pockets of their attorneys.”

But Gregory Shevlin, president of the state’s trial lawyers association, said clients can hire attorneys for less than the maximum fee amount. Shevlin said clients could end up saving money under the new limits, because attorneys no longer will be able to petition the court for fees beyond what is set in law.

* I wrote about the “why” a few weeks ago

Last year when the state hiked the cigarette tax by almost a dollar a pack, the tobacco industry cut a deal to pass a bill that limited appeal bonds.

Right now, state law mandates that bonds be posted equal to 1 1/2 times a judgment on certain cases before the ruling can be appealed. That resulted in a required $12 billion appeal bond years ago when Philip Morris lost a case involving Marlboro Lights. The appeal bond was lowered after negotiations, but the company has been fighting ever since to get something into law.

The House passed a bill last year, but Senate President Cullerton, a visceral anti-tobacco legislator, bottled it up. It passed last week after the trial lawyers were given a neat little plumb that guaranteed them higher contingency fees on big medical malpractice cases.

* In other news

A measure that intends to put an end to forum shopping has been introduced in the Illinois General Assembly.

House Bill 138 would amend the Illinois Code of Civil Procedure to provide for the dismissal of lawsuits for lack of proper venue if the defendants are not Illinois residents and the cause of action didn’t occur in the state.

Current law allows plaintiffs to bring suits in any county if the defendants are nonresidents.

The bill’s sponsor, Rep. Jil Tracy, R-Quincy, said this year will mark at least her third attempt at pushing a venue reform measure.

The Illinois Civil Justice League (ICJL) has supported her legislation in previous years and the Illinois Trial Lawyers’ Association (ILTA) has opposed it.

- Posted by Rich Miller        


1 Comment
  1. - Irish - Wednesday, Jan 30, 13 @ 10:44 am:

    Action in lame duck,
    A measure to get Legislators more votes from Hispanic voters.
    And a law passed by a group of mostly lawyers led by lawyers to benefit lawyers.

    See, they can get things done!


Sorry, comments for this post are now closed.


* Caption contest!
* *** LIVE *** Session coverage
* Prison contract work rules hit
* Question of the day
* Muttering, resignation follow new appointment
* Today's quotables: Rauner vs. Madigan
* *** UPDATED x1 - NWMC didn't advance *** Makanda: Oops!
* Rate Exelon's new TV and radio ads
* *** UPDATED x2 - Fritchey: More needs to be done *** Alvarez to divert low-level drug crimes
* $1.6 billion versus (at least) $2.2 billion
* Rauner is not a news junkie
* Rauner opens new campaign front in pursuit of grand bargain
* SUBSCRIBERS ONLY - Supplement to today’s edition, fundraiser list and more
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Microsoft puts Surface Pro 3 models on sale, deep discounts available
        * OPPO R7 video shows off a neat trick that hides the bezels
        * AT&T LG G Flex 2 announced, available April 24
        * A Galaxy S6 tablet could give the iPad a run for its money
        * LG G4 camera teaser focuses on aperture, lenses, sensor, and manual controls
        * LG showcases the Watch Urbane in beautiful time lapse video of Barcelona
        * LG G4 free toys, Nokia smartphones, Android Wear update & more – Pocketnow Daily

        * Japan's maglev train breaks own speed record
        * Limited Edition 24k Xbox One Pearl
        * Apple Watch Starts Shipping Ahead Of Launch
        * Samsung Galaxy S6 Is Strong Enough To Crack Walnuts
        * New Pioneer BDR-XS06JL Portable Blu-ray Writer For Windows/Mac
        * Mouse Computer’s New 13.3-Inch Business Notebook With HD+ Display
        * To Make Breast and Ovarian Cancer Tests More Affordable, Color Genomics Raises $15M

        * White Sox hope to build momentum with Noesi
        * Four-run ninth rescues White Sox in opener
        * Four-run ninth rescues White Sox against Indians
        * White Sox write unexpected ending to thriller
        * White Sox 4, Indians 3: Offense rises from the dead
        * Four-run ninth rescues White Sox in opener
        * Petricka back in the mix for reshuffled bullpen

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        April 2015
        March 2015
        February 2015
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Rauner's dangerous talk of Chicago schools bank.....
        * GOP’s Darin LaHood favored in race to replace S.....
        * Rauner to announce road construction road show..
        * The Latest: Captain and crew member arrested..
        * U of I faculty among best paid in Big 10..


        * US man gets 18-year jail for murdering girlfriend's mother
        * GOP's Darin LaHood favored in race to replace Schock
        * Trucker gets three-year sentence in fatal Tollway crash
        * Former Chicago Bears linebacker Doug Buffone dead at 70
        * Chicago police officer cleared in woman's shooting death
        * Madison man pleads guilty in fatal hit-and-run of teen
        * Chicago police officer cleared in woman's shooting death
        * Interim Chicago schools chief calls for independent audit
        * GOP's LaHood remains front-runner in race to replace Schock
        * Low-level drug offenders in Chicago to be treated not jailed

        * Davis: Improvement needed in Springfield VA clinic wait times
        * New IDOC director says union contracts causing problems
        * GOP's LaHood remains front-runner in race to replace Schock
        * Illinois House votes to limit specialty license plates
        * Senate Democratic leadership shuffle bruises Schumer-Durbin friendship
        * Hopes dim for school funding formula overhaul's passage
        * State education board member quits over superintendent hire
        * Statehouse Insider: We're getting to the bottom of this
        * Bernard Schoenburg: Bruce Rauner is no Jim Thompson on labor issue
        * Madigan forms committee to review Rauner budget activities

        * Caterpillar hikes CEO pay to $17.1 million
        * Tribune Media pays up for top execs
        * Mellody Hobson is certifiably influential
        * U of C Medical Center nurses prepare to strike next week
        * Durbin sides with U.S. airlines in dogfight over Mideast service


          * 2 men shot to death, 1 hurt in separate shootings on South Side
          * Alvarez proposes steering minor drug offenders to treatment
          * Protesters gather after officer's acquittal in fatal shooting
          * Judge acquits Chicago cop in fatal off-duty shooting, sparking anger
          * Lawsuit over naked crime scene photos headed for trial
          * Trucker gets three years in prison for fatal I-88 crash
          * Judge says Berrios doesn't have to pay $10,000 ethics fine
          * Retired bishop recounts Cardinal George's final moments
          * 5th Schock staffer says he's been subpoenaed
          * Three charged in connection with Zion shooting


          * Emergency room visits for mental health skyrocket in Chicago
          * Rauner's first 100 days: The fight between unions and Rauner
          * New Illinois education chief is urban school reform leader
          * Emanuel tells Spike Lee he doesn't like name 'Chiraq' for film
          * Chicago police officer cleared in woman's shooting death
          * Portage Park church mourns 'favorite son' Cardinal George
          * CPS Board president says Chicago schools under investigation
          * Cook County prosecutor to try new approach to drug crimes
          * Cardinal Francis George helped 'make his people holy'
          * Remembering Chicago's Cardinal Francis George


          * Davis: Improvement needed in Springfield VA clinic wait times
          * Our Opinion: Springfield still struggles to be tourist friendly
          * Kathleen Parker: 2016: The woman trap
          * Quote of the Day: Tuesday, April 21, 2015
          * New IDOC director says union contracts causing problems
          * GOP's LaHood remains front-runner in race to replace Schock
          * Illinois House votes to limit specialty license plates
          * Senate Democratic leadership shuffle bruises Schumer-Durbin friendship
          * Matt Dietrich: The dizzying agenda of Bruce Rauner
          * Hopes dim for school funding formula overhaul's passage


          * Middleton to compete for state queen title
          * ‘What Aaron Schock should have said’
          * Open Line
          * Police Beat
          * William Beasley
          * Daryl Yarber
          * Sierra Hess
          * LaVerne Gerberding
          * Dale Bowers
          * Donald Daniels


          * Detroit expects Abdelkader back for Game 3 against Tampa Bay
          * The pipeline: How baseball-mad Cuba develops top-tier talent
          * Blue Bell Creameries issues recall of all products
          * Biden, energy secretary visiting Philadelphia utility
          * Japan's maglev train breaks own speed record at 603 kph

          * ARRL, US House Members Coming Through to S...
          * House committee passes provision changing ...
          * READ IN: Trading Spaces Edition
          * 4-H Students Present before House Agricult...
          * Surprise! Couple's 'secret' twin birth rev...
          * Russia Impinges on Israeli "Right" to Bomb...
          * Lawmakers: Bill could increase federal fun...
          * Kirk gives national broadcast speech on Iran
          * Foster drops out, announces support for Du...
          * Kinzinger releases statement following dec...

          * Confirm Loretta Lynch Now...
          * Corinthian Colleges' Long And Winding Road......
          * Sharpton: GOP Opposes Loretta Lynch To ‘Se......

          * US Senators Introduce Genocide Centennial ......
          * Citing Pope’s sermon, Senators introduce A......
          * Procedural mastermind Harry Reid has a plo......
          * U.S. Senators introduce Armenian Genocide ......

          * Report: Irregular Work Scheduling Affects 17 Percent Of U.S. Workers
          * Case Dismissed Against Chicago Police Detective In Rekia Boyd Shooting Death
          * Cardinal Francis George Has Died
          * Cook County State's Attorney Unveils 'Sweeping' Reforms To Drug Policies
          * Sports fans arguing about anything can result in some serious stupidity
          * Track Demolition To Close Wilson For A Week
          * Pensacola Place Sells For $66 Million
          * The Weekend In Chicago Rock
          * CPS CEO Bryd-Bennett Taking Leave Of Absence During Federal Probe (UPDATED)
          * Report: 2014 Wall Street Bonuses Were Double The Earnings Of 1 Million Low-Wage Workers


          * Illinoisans Receive Governor’s Volunteer Service Award - 6thAnnual Awards Ceremony to be Held on April 20thin Springfield
          * Get Smart About College Planning During Money Smart Week® - College Illinois!® 529 Prepaid Tuition Program offers tips to plan for--and afford--the cost of college
          * Motorcycle Season Revs Up, Riders Urged to “Gear Up-Ride Smart” - New Campaign Touts Staying Safe Through Proper Gear, Education
          * IDOT’s Operation Teen Safe Driving Program Announces 2014-15 Winning Schools - Innovative Program Helps Save Lives, Promotes Safe Driving Habits
          * State of Illinois Takes Action on Medical Cannabis Dispensary Applicants





              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller