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.


* *** UPDATED x2 - Cullerton responds *** Rauner won't schedule leaders meeting until Dems "are ready"
* Mendoza bumps manager bonuses to back of the line
* Caption contest!
* CPS prospectus includes mention of "hypothetical bankruptcy"
* Fun with numbers
* Question of the day: Golden Horseshoe Awards
* CMS blames AFSCME for halt to bonuses
* Good news and not so great news in Site Selection report
* Chris Kennedy added to "Boss Madigan" list
* *** UPDATED x1 *** Are we really going to have to wait until 2018?
* Rauner's dark money prince could wind up running the RNC
* Madigan on the attack, offers to discuss modified version of "Turnaround Agenda"
* IMA says Rauner signature on Exelon bill weakens manufacturing
* It's more than just a website and e-mails
* Kennedy may file candidate papers "in short order," while Bustos moves up DC ladder
* Del Mar gets his plum
* Emanuel meeting with Trump this morning
* So now they tell us
* *** UPDATED x1 - Cullerton optimistic but firm *** Rauner slams Madigan for refusing to put forward a budget, wanting a tax hike, stalling to force a crisis
* 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

  
* Glass class of 2017: all-glass LG G6 rumored, headphone jack stays in
* ARM64-x86 emulation shown off for Snapdragon-powered full Windows 10 phones
* ‘Super Mario Run’ and the shape of Nintendo to come — an interview with Reggie Fils-Aimé
* Galaxy Beta Program shows off TouchWiz’s new name: Samsung Experience
* Android app updates are getting 65 percent smaller
* Snapdragon 835 benchmark affirms octa-core design
* Sprint and Niantic partner to bolster Pokemon GO stops count

* Moncada welcomes expectations awaiting White Sox
* In span of day, White Sox system skyrockets
* Kopech next in long line of Texas fireballers
* White Sox land Giolito, 2 more prospects for Eaton
* In rebuild mode, Hahn has 5 assets to deal
* White Sox GM Rick Hahn is the prospect collector
* Best prospects traded in past 25 years

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


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

Archives
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
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


* Illinois Gov. Bruce Rauner signs bill sparing 2.....
* Rauner Asks Democrats for Budget Proposal, Dela.....
* Illinois Gov. Rauner signs bill sparing 2 nucle.....


* Energy Department grants to fund Illinois CO2 projects
* Suburban tobacco store manager sentenced in tax case
* Group offers reward to fight dog fighting in DuPage County
* Illinois firearm deer harvest down 8.5 percent this year
* Chicago officer convicted of perjury, 2 officers acquitted
* Doctor: candy that sickened students contained marijuana
* Purported Chicago gang leader to jurors: Gang never existed
* Illinois Gov. Rauner signs bill sparing 2 nuclear plants
* Rauner asks Democrats for budget proposal, delays meeting
* Comptroller: State employee bonuses on hold during impasse

* Springfield-area veterans join pipeline protest
* Rauner asks Democrats for budget proposal, cancels meeting
* Comptroller: State employee bonuses on hold during impasse
* Rauner signs Exelon subsidy to spare 2 nuclear plants
* Rauner to sign Exelon subsidy to spare 2 nuclear plants
* Judge blocks administration from imposing contract on AFSCME
* State budget still elusive as leaders lash out
* Illinois budget still elusive as leaders lash out
* Killer of former central Illinois man sentenced to probation
* Prosecutors: Don't move Aaron Schock trial out of Springfield

* Lothian hands CEO title to newsletter editor
* Chicago is getting another newsroom
* Another newsroom is coming to town
* Boeing sweats under Trump spotlight as SoftBank feels warmth
* What's pushing the markets to new highs today?


* Man grazed in Lawndale shooting
* Attempted bank robbery reported in Chicago Heights
* Georgia Nicols horoscopes for Dec. 8, 2016
* Dear Abby: ‘Orphan’ at 55 feels like he’s hit bottom
* 7 people shot Wednesday on South, West sides
* 13-year-old girl disappears from Uptown
* Trump chooses hardliners but talks softer on immigration
* Aroldis Chapman signs five-year deal to return to Yankees
* MGM National Harbor ready for its Maryland debut
* 17-year-old boy shot in Chicago Lawn


* Report: Aroldis Chapman, Yankees reach deal for $86M, 5 years
* Hoax beliefs fueled death threats to Sandy Hook parent, Florida woman charged: Feds
* Campus officer shot teen armed with knife at Nevada high school
* New York restaurant threatened by Pizzagate hoax callers
* Don't dismiss Vic Fangio leaving Bears just yet
* Trump retaliated against Carrier's union leader on Twitter. Then his phone started to ring.
* Ohio legislators approve what would be the country's toughest restriction on abortion
* Crowd braves cold to remember slain Dolton rapper
* Theo Epstein: Position players outside Cubs core fair game in trades
* First look: White Sox prospects acquired from Nationals


The widget AQL4JYGHIY powered by Feed Informer does not exist.


* Bernard Schoenburg: Bustos gets leadership post, criticizes Rauner
* Our View: Lawmakers should withdraw their lawsuit over paychecks
* George Will: The sensitivity police strike again
* Eugene Robinson: The proliferation of fake news presents real perils
* Guest Column: The Trump Administration faces extremism/terrorism
* Springfield-area veterans join pipeline protest
* Rauner asks Democrats for budget proposal, cancels meeting
* Comptroller: State employee bonuses on hold during impasse
* Rauner signs Exelon subsidy to spare 2 nuclear plants
* Rauner to sign Exelon subsidy to spare 2 nuclear plants


* Ronald Taskoski
* Wendell Davis
* Mary Foehner
* Paul Youngblood
* Margaret Osman
* Maryann Mercer
* Steven Kelley
* Shirley Jones
* Howard 'Cotton' Heumann
* Jimmie Cooksey


* Capitals lose 3-goal lead, recover to beat Bruins in OT
* Review: 'Hairspray Live!' pushes the boundaries and wins big
* Plum's 30 leads No. 11 Washington women to 101-44 win
* Extra effort in Wauconda's win
* Elgin crash backs up traffic on Randall Road

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Durbin's debit debacle - Washington Examin......
* House Democrats Press Obama To Do More To ......

* Sen. Mark Kirk Praised During Senate Floor......

* Girl, 13, Missing From Uptown Hospital
* How times change; Rahm now our ally in upcoming political fight w/ Trump
* Santa Sleighed
* Roller Skate With Santa At Margate Park
* Illinois Bible Colleges Head to Court of Appeals
* Thorner: Grassroots pushback essential for Trump to appoint pro-life nominee
* IL GOP jabs possible Dem gubernatorial nominee, three more lawmakers
* Trump taps Iowa Governor Branstad for Ambassador to China
* Chicago YPN raises more than $400 for Salvation Army
* Governor Announces Appointments to Illinois Bicentennial Commission


* Governor’s Export Awards Recipients Announced
* Governor Signs Legislation to Protect Jobs, Ratepayers and Taxpayers
* Give The Gift Of A Lifetime With A College Illinois!® 529 Prepaid Tuition Plan - College Illinois! can help limit or even eliminate future student loan debt
* Illinois Department of Veterans’ Affairs Hosts 75th Pearl Harbor Remembrance Day Ceremony
* IDHR Issues Reminder of Fair Housing Rights During Holiday Season - State law prohibits targeted, discriminatory restrictions on decorations and celebrations




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