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.


* From the department of least surprising headlines
* Question of the day
* Rauner's smart moves
* Turn on the Wayback Machine
* "RNUG" looks ahead
* Budgetary war-gaming leads to panic
* Wild tales flourishing
* Good morning!
* 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

          
        * T-Mobile Nexus 6 will launch as it should, free of bloatware
        * MX Player updated to support Android 5.0
        * Moto X 2014 Lollipop update hitting (some) carrier variants
        * Samsung’s performance slump may have it shake high management
        * Mophie introduces portable battery for smartphones, tablets
        * Sony launches Amazing Spider-Man 2 AR effect app in some countries
        * A8 Chip on the iPhone 6 surprises with 4K video playback

        * Ten Clever Uses for Plain Text Files That Can Increase Your Productivity
        * Overcoming Facebook targeting challenges
        * Microsoft Sues IRS for Details of Probe on Internal Transactions
        * Avoid Overeating as a Dinner Guest by Asking for Seconds
        * Access OS X's Packet Sniffer with the Wireless Diagnostics Tool
        * Lively Has Created a Smartwatch For Seniors
        * Learn to Read Emotions by Watching Micro Facial Expressions

        * Dawson believes Raines is sure Hall of Famer
        * A look back at the careers of first-timers on Hall ballot
        * Addition of Adam LaRoche could be a slow burner for hot stove season
        * Terrerobytes: Waiting for Adam LaRoche
        * With LaRoche on board, Abreu will benefit
        * Sources: White Sox land LaRoche with two-year deal
        * Sources: White Sox land LaRoche with two-year deal

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


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

        Archives
        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 Pension Overhaul Ruled Unconstitutional..
        * The Legacy Of Pat Quinn..
        * Capitol Fax.com - Your Illinois News Radar..
        * Google removes mobile game designed to ‘kill ga.....
        * Pat Quinn rememebered for big heart..
        * Illinois Board of Higher Education issues budge.....
        * BLOG: Oilers provide thoughts on Pat Quinn..
        * Illinois Universities Asked to Explore Budget Cuts..
        * Concerts for Edmonton in 2015: OneRepublic & Di.....


        * US judge sentences cartel lieutenant to 22 years
        * New Mexico State names new athletics director
        * Chicago mayor's race takes form on last filing day
        * FAA chief: Disaster response depends on funding
        * Wintry weather complicates Illinois duck hunting
        * Ex-owner of defunct arena football team arrested
        * Illinois AG to ask high court to consider pensions
        * Ex-owner of defunct arena football team arrested
        * Ex-owner of Chicago Rush football team arrested
        * Chicago archbishop apologizes for priest sex abuse

        * Lisa Madigan to ask Illinois Supreme Court to consider pensions
        * Rauner tackles transition agenda
        * Attorney general warns of immigration scams
        * State pension changes ruled unconstitutional; appeal to Illinois Supreme Court next
        * State to refund $60 million in retiree health care money
        * State pension changes ruled unconstitutional; appeal to Illinois Supreme Court likely
        * Illinois pension case likely headed to high court
        * Judge: Pension ruling to come Friday
        * Rauner mum on fixes for ‘dire’ state finances, wants Quinn to freeze hiring
        * Rauner mum on fixes for ‘dire’ state finances

        * Redbox raising DVD rental rates by 25%
        * Sears layoffs approach 8,000 as stores close: report
        * Appeals court removes judge in sex discrimination suit
        * Chicago archbishop apologizes for priest sex abuse
        * Lettuce Entertain You opening two restaurants at Navy Pier


        * Obama honors recipients of the Presidential Medal of Freedom
        * Business owners seeking pot shop licenses in Illinois faced lawsuits elsewhere
        * As prisons swell, Illinois needs wiser policies
        * Out-of-power comet lander deserves praise
        * Chicago on cusp of election that matters
        * NFL passes 1st big test
        * Let gov’s veto on ride sharing rules stand
        * The Watchdogs: Rauner adviser Poshard's pension bonanza
        * Obama announcing at 10 am Chicago time Hagel resignation
        * Obama announcing at 10:10 am Chicago time Hagel resignation


        * Former Illinois congressman Abner Mikva given nation's highest civilian honor
        * High-level cartel figure sentenced to 22 years in prison in Chicago
        * Police: Man attempted to lure girl into car in Glenview
        * Grand jury reaches decision in Ferguson shooting: reports
        * Man suffers gunshot wound in South Side robbery
        * Judge: Illinois fracking rules can be published
        * FAA outlines strategy to recover from air traffic control outages
        * United adds Chicago-Dublin summer flight
        * Illinois attorney general urges consumers to check recall lists
        * Dispatcher in hospital shooting calls for backup in newly released audio


        * WUIS/SJ-R Business Report: Transmission Line Meetings Planned; More Space For Senior Living
        * Part Timers & Manufacturing in Illinois Feeling a Slow Economic Recovery
        * Midwest Travel: Starved Rock In The Winter
        * Ears Turn To Supreme Court For Next Pensions Cue
        * Listen to State Week - November 21, 2014
        * State To Refund Retiree Health Care Money
        * Labor unions celebrate judge's ruling against Illinois pension law
        * Judge Finds Reductions In Pension Benefits Unconstitutional
        * Pension Ruling Imminent
        * Hoosiers divided over Obama’s executive action on immigration


        * Lisa Madigan to ask Illinois Supreme Court to consider pensions
        * Quote of the Day: Nov. 24, 2014
        * Our Opinion: Illiana project too risky for tapped-out Illinois
        * Bernard Schoenburg: Sen. Manar backs aide Watson over Cahnman, Proctor in Ward 5
        * Karen Cox: Shop for a cause
        * Andy Shaw: Protect Illinois’ FOIA law from unnecessary tinkering
        * Quote of the Day: Sunday, Nov. 23, 2014
        * Rauner tackles transition agenda
        * Attorney general warns of immigration scams
        * Deckle McLean: Plagiarism comes with a price


        * St. Clair County Board to vote Monday night on new enterprise zone
        * 79th News-Gazette All State Football Team
        * Collinsville City Council to vote on 2014 levy
        * Illinois 15 construction on schedule
        * Updated: wind advisory issued for East Central Illinois canceled
        * Swansea police investigating armed robbery at residence
        * Swansea police investigating armed robbery outside residence
        * Rotary poinsettia sale to benefit organizations
        * Attorney: Ferguson grand jury has reached decision
        * Police investigating fatal crash at 53rd, Brady


        * Police: Facebook posts of stolen guns spur arrest
        * Longtime NHL coach Pat Quinn dies at 71
        * Fire Chief: Crystal Lake horse farm fire not suspicious
        * In wake of Spotify pullout, music industry debates streaming
        * Wish granted: Same day delivery for the holidays

        * US Rep. Gregg Harper (R-MS) to Serve as Vi...
        * Climate deniers need the boot - Idaho Moun...
        * It's business as usual for election-tested...
        * John Shimkus Defeats Eric Thorsland In Ill...
        * Davis defeats Callis in race for Congress;...
        * Congressman John Shimkus wins 15th Distric...
        * Voters Offered Little Choice on Foreign Po...
        * Lipinski Hoping for Restraint after Israel...
        * Shimkus continues push for DOTCOM Act - Th...
        * Lipinski Welcomes Archbishop Cupich, Thank...

        * Durbin Releases Statement On EPA Decision ......

        * U.S. Congress skeptical of Iran nuclear ta......
        * Lamest lame duck...
        * Jackson: Menendez prods Obama over ISIS...

        * Durbin attends an Obama viewing party in Pilsen
        * Obama Announces Immigration Executive Actions, Durbin: 'History Is Being Made' (VIDEO)
        * Kirk blames Republicans for Obama's executive amnesty
        * Chicago parents demand answers from Emanuel after sex ed lessons revealed
        * UPDATE x1: Court strikes down Illinois pension reform
        * State Sens. Link, Harmon unfamiliar with basic research on minimum wage [video]
        * Durbin's vote against Keystone Pipeline XL riles unions
        * DEA allowed two tons of narcotics to flood Chicago streets
        * Illinois AG asks state Supreme Court for quick ruling on pensions appeal
        * Rauner to Attend the Archdiocese of Chicago Capital for Kids Reception


        * Governor Quinn Launches Newest Veterans Cash Lottery Ticket - Program Has Raised More Than $11.7 Million for Illinois Veterans Since 2006
        * Illinois Residents Asked to Put the Tobacco Down - Support the Great American Smokeout – November 20
        * Governor Quinn Statement on President Obama’s Executive Action
        * Governor Quinn Statement on Selection of New University of Illinois President
        * Governor Quinn Statement on Senate Committee Passage of Minimum Wage Legislation




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