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* I’m not at all saying that the folks pushing for tort reform don’t have a case. They do. But something they often fail to mention are the large numbers of business owners who sue other business owners. This ain’t just about greedy trial lawyers clogging up the courts.
And the governor, being a business person himself, is involved in a fairly large number of lawsuits this year, some of them quite aggressive. So, this presser is kinda ironic…
The U.S. Chamber Institute for Legal Reform (ILR) will release a survey ranking the 50 state lawsuit climates done by Harris Poll, a global polling firm. This is the 10th such survey that ILR has released since 2002. The event will feature remarks by Gov. Bruce Rauner of Illinois about the condition of Illinois’ legal environment.
posted by Rich Miller
Thursday, Sep 10, 15 @ 9:41 am
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Donald Trump comes to mind on business on business lawsuits.
Comment by Yossarian Thursday, Sep 10, 15 @ 9:47 am
Perhaps the governor could compare and contrast his experience in Illinois courts with those in Florida and Georgia.
Comment by Wordslinger Thursday, Sep 10, 15 @ 9:50 am
It’s just nice to have some pro-Rauner propaganda that’s not from the Illinois Policy Institute, for a change of pace.
Comment by Albany Park Patriot Thursday, Sep 10, 15 @ 9:51 am
Rich - not to be a contrarian, but do Governor Rauner’s biz attorneys venue shop? Also, how many of his suits actually go to trial?
Comment by Team Sleep Thursday, Sep 10, 15 @ 9:54 am
“Rich, it’s baloney. I have spent my whole business life creatin’ jobs, good jobs, and makin’ money for those in state pensions, … and the courts? I’ve been successful at everythin’ I’ve ever done, including goin’ to court to do better business.
Other people? Unions? Bad conpanies? Torts? They are killin’ this state, just killin’ Illinois. I need to stop it.
People think it’s important to sue Illinois to get payment. I’d say, go picket Speaker Madigan and the legisla…. I mean, people should go after Speaker Madigan and President Cullerton. My hands are tied.
I’m only the governor, and you know what, I’m powerless, and you know what, for 40 years Public Unions and Michael Madigan have been driving Illinois in a ditch, and you know what, my Agenda gets us out of the ditch, and you know what, when Illinois fires Mike Madigan, that will be when I can do my job.” - NOT Gov. Rauner, snark, but…
Comment by Oswego Willy Thursday, Sep 10, 15 @ 9:54 am
Self awareness is sorely lacking on the part of the Rauner administration. There’s no irony, it’s simply that none of these things apply to the Governor, or his staff, in his mind. By his definitions only other people can be litigious, corrupt, propose unbalanced budgets or control other politicians. The first thing they need to fix in the mansion isn’t the roof, its the mirrors, and the second a few places for quiet introspection.
Comment by AC Thursday, Sep 10, 15 @ 10:02 am
Greedy trial lawyers? Like the example yesterday of using over $0.80 cents?
Comment by Anonymous Thursday, Sep 10, 15 @ 10:04 am
Hat tip to Word.
Comment by Norseman Thursday, Sep 10, 15 @ 10:17 am
While I view tort reform as “Bad Defense Protection Acts” there is an important distinctions between tort litigation and tort litigation.
The most obvious is very real bias by certain judges. Given the amounts spent by groups, a significant number of judges have a plaintiff bias. For a long time defense attorneys have noted that for many judges, particularly in Cook County, Circuit Court Local Rule 1 seems to be “Plaintiffs must get money.”
The second difference is that, although things like damages caps are a bit ridiculous, there are certain areas — notably when it comes to things like venue and joint and several liability — where the law is genuinely unfair to defendants.
In contrast commercial litigation tends to expensive, but you don’t see the same bias and overall the law tends to be relatively fair.
Comment by Gooner Thursday, Sep 10, 15 @ 10:26 am
Apparently Capt Fax does not mind riskin’ cancellation of that lifetime subscription TeamBungle took out.
“Rich - not to be a contrarian, but do Governor Rauner’s biz attorneys venue shop? Also, how many of his suits actually go to trial? ”
Mr/Ms TeamSleep:
TeamBungle venue shops when they buy the biz
Comment by Anonin' Thursday, Sep 10, 15 @ 10:28 am
Maybe somebody should ask the Gov about his running mates personal injury suit as well as his daughters personal injury suit. Is he ok with those folks seeking justice?
Comment by The anti-trib Thursday, Sep 10, 15 @ 10:32 am
Not sure what this has to do with bustin’ unions….or as Bruce calls it “right to work”.
Comment by Jack Stephens Thursday, Sep 10, 15 @ 10:35 am
Goober laid it out pretty well. Exactly what to change, and how to fairly change it, remain the challenge. This is one part of the Rauner turnaround agenda where both sides must move toward each other. No “never surrender” caterwauling allowed!
Comment by walker Thursday, Sep 10, 15 @ 11:02 am
Let’s hope the Chicago media has the guts to ask Rauner about his litigation activities (as suggested in this thread) and not just fall back to their lazy Rauner V. Madigan boiler plate stuff.
Comment by T.T. Thursday, Sep 10, 15 @ 11:26 am
It is not even a relatively uncommon occurrence for Governors to be named in law suits. To the contrary, it is quite typical.
Honest question, what does a lawsuit over, say, unpaid lottery tickets have anything to do with tort reform? Apples to oranges.
Comment by Former Federal Prosecutor Thursday, Sep 10, 15 @ 11:37 am
Meant “Gooner” in comment above. Darn phone.
Comment by walker Thursday, Sep 10, 15 @ 11:48 am
Businesses are notorious for wanting out of contracts they signed.
Comment by Liberty Thursday, Sep 10, 15 @ 11:52 am
Thanks Walker, and I meant to write a coherent first paragraph. I don’t have the iphone excuse. It was just poor editing.
Comment by Gooner Thursday, Sep 10, 15 @ 12:02 pm
They need a system where the defendany, without having to admit fault, can offer x dollars to resolve the case. If plaintiff agrees to the money its over. If not, the plaintiff has to come within 5% of the offer or they have to pay the defendants attorney fees, costs etc
Comment by Ghost Thursday, Sep 10, 15 @ 12:13 pm
===They need a system where the defendant, without having to admit fault, can offer x dollars to resolve the case.===
I believe they call this a settlement and the last I checked they are quite common.
Some jurisdictions I’ve experienced also have a mandatory pretrial/hearing meeting with an independent arbitrator, that is often times a volunteer for small claims courts in order to facilitate this process.
Comment by Anon Thursday, Sep 10, 15 @ 12:43 pm
https://www.youtube.com/watch?v=lSjaTWoTT4I
enjoy
Comment by Ebb and Flow Thursday, Sep 10, 15 @ 12:50 pm
I think venue shopping is probably an area that most would agree is not fair and might be an item for compromise. If they just go after that one item in one bill, perhaps the Governor can claim a small victory, move on, and save himself from that monster retroactive tax increase that is heading his way.
Comment by A Jack Thursday, Sep 10, 15 @ 12:50 pm
Gooner -
If you have tried cases outside of Cook County, you know that there are plenty of judges who could be accused of being biased in favor of major employers as well.
Comment by Juvenal Thursday, Sep 10, 15 @ 12:57 pm
==a fairly large number of lawsuits this year==
is putting it mildly lol.
Comment by Formerly Known As... Thursday, Sep 10, 15 @ 1:27 pm
Anon 12:43,
Actually Ghost was referencing a procedure in federal court that we do not have in Illinois.
So no, it is not just a settlement.
Comment by Gooner Thursday, Sep 10, 15 @ 1:27 pm
Was Slip and Sue at the press conference?
Comment by Dr X Thursday, Sep 10, 15 @ 1:33 pm
===Was Slip and Sue at the press conference?===
She did, but was whisked away into a safety room, as per new “non-budgetary” rules to her attendance at functions and liability issues… typical lawyer stuff.
Comment by Oswego Willy Thursday, Sep 10, 15 @ 1:52 pm
Considering 99% of all b2b litigation does not include such arbitrary monetary awards like “pain and suffering”, I’m pretty sure that’s about the last part of what needs to be reformed. What about a loser pays the winner’s costs system? Might stop a few thousand frivolous suits each year for “pain and suffering.”
Further, anyone bother to check how many cases the governor’s (former) businesses are involved in on which it is being sued, of course not. If the governor was constantly going around suing others this post may be at all relevant but as usual, its just vilification. I challenge anyone to find me one large business (larger than $100M market cap) that isn’t involved in a number of pending legal matters at any given time. As usual though, its the governor’s fault and he’s a bad person because he’s a successful business man.
Sheesh
Comment by Trouble Understanding Thursday, Sep 10, 15 @ 1:57 pm
OW at 0954:
You know this guy better than Goldberg does. Don’t know if that’s a compliment or insult, but you made me laugh. Thx!
Comment by Streator Curmudgeon Thursday, Sep 10, 15 @ 2:01 pm
- Streator Curmudgeon -,
Maybe it’s just that the caricature of Rauner is eclipsing the real Rauner?
All good. Glad you got a chuckle.
Comment by Oswego Willy Thursday, Sep 10, 15 @ 2:12 pm
==and he’s a bad person because he’s a successful business man.==
No, but he is a terrible governor.
Comment by My New Handle Thursday, Sep 10, 15 @ 2:50 pm
Anon a settent is an offer that can be ignored without cnsequence. I was refering to a procedure by which an offer is ignored at peril.
Under the current system many lawyers will refuse fair settlements, because they beleive they can get that amount at trial, and want to roll the dice on a much higher verdict. They dont see much to lose. This places pressure on them not to waste time and run up costs hoping for a runaway verdict. If they ignore they run the risk of paying the other sides costs and lawyer fees.
Comment by Ghost Thursday, Sep 10, 15 @ 4:45 pm
Maybe not as ironic as just par for the course.
WAY tired of The Governot’s constant double talk.
Comment by sal-says Thursday, Sep 10, 15 @ 5:04 pm