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.


* Reader comments closed for the holiday weekend
* Fracking rules finally unveiled
* Question of the day
* A big IDOT roundup
* Even Steven, for now
* *** UPDATED x1 - Confirmed *** Report: Libertarians file charges
* Big guys dinged a bit, but little guys helped a lot
* Today's photo
* Stark contrasts on taxes, minimum wage
* 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

          
        * Manage Your Personal Health Records with Lumia
        * Samsung Gear S Swarovski strap announced, Note 4 will follow with back covers
        * Sony Xperia Z3 and Z3 Compact specs allegedly leak
        * HTC Nexus tablet leaked to come with keyboard folio cover
        * Sony Xperia Z3 Compact press photos show bright colors
        * iWatch price, iPhone 6 phablet leaks, Google event & more – Pocketnow Daily
        * Windows Phone 8.1 GDR2 tipped to bring some much needed updates

        * Sony Xperia Z3 Compact Photos Leaked
        * Cortana Takes On Siri In Latest Microsoft Advert (Video)
        * PS Vita to get app for PS4 live streaming
        * Metallic Slime Edition PlayStation 4
        * German court orders Uber to suspend services across the country
        * Shelly Palmer Radio Report – September 2, 2014
        * In praise of a subscription plan on your smart home and wild Apple speculation

        * White Sox Minor League Update: End of the regular season
        * Noesi looks to continue push toward season's end
        * Williams conveys important message to Little Leaguers
        * Podcast: Dunn Deal
        * Thoughts on the Adrian Nieto experiment
        * Breaks turn in Quintana's favor against Tigers
        * Molina outrighted; roster spot opens up for Rodon


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

        Archives
        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


        * Chicago school year to begin with more safety g.....
        * School to begin in Chicago with more safety guards..
        * Rauner vow revives governor’s mansion issue..
        * Laborers Spend Labor Day on the Picket Line..
        * GOP sees gains in Illinois voters tuning out..
        * Politicians gear up for election season..
        * School to begin in Chicago with more guards lin.....


        * More storms roll through Midwest with hail, winds
        * School to begin in Chicago with more safety guards
        * Cubs honor Jackie Robinson West little leaguers
        * Man found dead in central Illinois was hit by car
        * US eating habits improve a bit _ except among poor
        * Study: Action-packed TV might make you snack more
        * Patients to start applying for medical marijuana
        * US Rep. Duckworth announces she's pregnant
        * Bloomington shuttle bus driver charged with DUI
        * Chicago police: Murders down, shootings up

        * Audit finds state lax in reviewing eligibility for children’s health insurance program
        * Does the governor need to live in the Executive Mansion?
        * Statehouse Insider: Hands off investments
        * State of unions: AFSCME wins some, loses some on outsourcing
        * State of unions: Domination of Illinois' workforce becomes campaign issue
        * State of unions: Lawmakers approved keeping some workers out of unions
        * State of Illinois posts applications for medical marijuana businesses
        * DNR issues long-awaited ‘fracking’ rules
        * Quinn grants 38 clemency requests
        * IDNR issues long-awaited ‘fracking’ rules

        * If only it were this easy to lift share prices
        * 'Chicagoland' star returns to school
        * Amid re-election fight, Quinn pushes through a tax on business
        * Chicago's worst IPO in 2014: Ryerson
        * Why ComEd is worried about your smartphone


        * CPS can cheer, but challenges remain
        * ‘Long way to go’ but Roseland Hospital shows signs of stability
        * Moms, dads get kids ready for school
        * Ald. Pope rehired city worker who quit after sex harassment allegations
        * It's a girl: Rep. Tammy Duckworth due in December
        * Ex-cop convicted of protecting crooks is back on public payroll
        * Three dead, 35 wounded in Labor Day weekend shootings
        * Three dead, at least 35 hurt in Labor Day weekend shootings
        * Police: Man throws baby from vehicle, beats girlfriend and boy in domestic fight
        * Police: Murders down 7.5% through August 2014


        * At least 1 dead after Streator home explosion
        * Police charge man, 55, in Northwest Side stabbing
        * Man charged in shooting after soccer match in Oak Forest
        * 2 shot in separate incidents on Northwest, Southeast Sides
        * Cops: Man on moped leads cops on North Side chase
        * Survivors of Elmhurst family laud parents 'unwavering' commitment
        * Survivors of Elmhurst family laud parents 'unwavering' commitment
        * 1 dead, 13 hurt in shootings across city
        * I-90/94 reopened after semi rollover leads to inbound closure
        * Body of Chicago Heights boy, 14, pulled from Kankakee River


        * Newborn Found Alive In Jacksonville Trash Bin
        * DNR Releases Fracking Rules
        * Listen to State Week - August 29, 2014
        * 'Belleville' The Movie Is NOT A Documentary
        * Journalist and doctor encourage honest conversations about death
        * Undocumented Immigrants Call For Presidential Orders
        * State Retirees To Stop Paying Health Premiums
        * How America's most plentiful bird disappeared
        * Pregnant Workers To Be Protected Under New Law
        * Updates From The Prairie Capital Convention Center


        * Catherine Rampell: Tech firms’ poor record of diversity
        * Audit finds state lax in reviewing eligibility for children’s health insurance program
        * Does the governor need to live in the Executive Mansion?
        * Our Opinion: Driving into floodwater a deadly practice
        * Angie Muhs: A debate in Springfield would send the right message from candidates
        * Charles Krauthammer: Lower corporate tax rates. Now.
        * Bernard Schoenburg: Dillman, Watson looking at possible runs for alderman
        * Statehouse Insider: Hands off investments
        * Statehouse Insider: Hands off investments
        * State of unions: AFSCME wins some, loses some on outsourcing


        * Longing for the simpler times
        * A hobby becomes a passion for woodworking
        * Lady Cougars open with win
        * Kill
        * Local Scoreboard
        * How green is their valley
        * Rauner vow revives governor’s mansion issue
        * Infection affecting soybeans in region
        * No one was singing the blues
        * Open Line


        * Another big comeback keeps Sky going
        * U.S. carries out counterterrorism strike in Somalia
        * Lawrence calls for investigation into stolen pictures
        * South Carolina political campaign goes to the dogs
        * Big chance for Bears' defense to prove itself

        * Roskam: Making college more affordable for...
        * Army Veteran Shane Scherer Joins Roskam's ...
        * Roskam speaks on issues to chamber lunch c...
        * Roskam talks tax reform, health care, immi...
        * Roskam hires wounded veteran in West Chica...
        * Inactive Congress Discussed - Alton Daily ...
        * Roskam, Kirk speak to local business owner...
        * Roskam Talks Taxes - Alton Daily News
        * Nadler introduces resolution condemning an...
        * Roskam gives business leaders vision for f...

        * Bright Side: Peoria Labor Day parade sees ......
        * Bright Side: Peoria Labor Day parade sees ......
        * Politicians gear up for election season...
        * 47th Annual Labor day picnic...
        * 47th Annual Labor day picnic...

        * Rubio, Colleagues Call For Latin American ......
        * Putin Hopeful Russia Won’t Lose Right to H......

        * IDOT Announces Overnight Lane Closures Wednesday On I-90/94
        * Byrne joines Ryan, Ford as transport tributees -- will 'Looie" be next?
        * September has crept up on me again...
        * Division Street Bridge gets Old Bailey Runaround
        * Report: Minimum Wage Increase Would Help 1 In 5 Illinois Children
        * Southwest Side Chicagoans Question TIF Use In 23rd Ward (UPDATED)
        * Harris v. Quinn: Another Nail In The Coffin Or Shot In The Arm For Labor?
        * OP-ED: What FDR Actually Said And What Bruce Rauner Doesn't Get This Labor Day
        * Election 2014
        * Guest Post: Harris v. Quinn: Another Nail In The Coffin Or Shot In The Arm For Labor?


        * Governor Quinn Invests $102 Million in High-Speed Rail Upgrades on Chicago-St. Louis Line - Funding Will Improve Capacity, Safety on Joliet-Dwight Segment
        * Quinn Refuses to Answer New IDOT Questions
        * IDNR Delivers Revised Rules to Implement Hydraulic Fracturing Regulatory Act - Rules strengthened to ensure public participation, improve transparency, toughen penalties and protect the environment
        * Governor Quinn Proclaims September as “Recovery Month” in Illinois - Encourages people to speak up about mental illness and substance abuse
        * Governor Quinn Dedicates Jane Byrne Interchange - Governor Renames Circle Interchange in Honor of Chicago’s First and Only Female Mayor to Date




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