Legal Reform in Illinois
Issue Status:
HB 4999 (May) Provides that a person who uses or causes the use of a facsimile machine to send unsolicited advertising is liable in a civil action to the recipient, or other person who suffered damages as a result of the violation. Provides that the recipient or other person suffering damages may: (1) bring an action to enjoin such violation; (2) bring an action to recover actual damages from such a violation or to receive $1,000 in damages for each such violation, whichever is greater; and (3) in either event (1) or (2), recover court costs, attorney's fees, or any other relief the court deems proper.
Status: Senate Rules Committee
NFIB Position: Neutral as amended
HB 5289 (Tracy) Change in venue bill -- provides that, if none of the parties joined in good faith as defendants in a civil case are residents of this State, an action against those defendants may be commenced in the State only in the county in which the transaction out of which the cause of action arose, or some part of that transaction, occurred. Provides that a corporation organized under the laws of or authorized to do business in this State is a resident only of any county in which it has its registered office or other office (rather than being a resident of any county in which it does business). Makes similar changes regarding partnerships and voluntary unincorporated associations. Deletes language providing that an insurance company incorporated under the laws of, or doing business in this State may be sued in any county in which the plaintiff or one of the plaintiffs reside. Provides that, if none of the defendants in a civil action are residents of this state, and no part of the transaction out of which the action arose occurred in this State, the action must be dismissed for lack of proper venue.
Status: House Rules Committee
NFIB Position: Support
HB 5290 (D. Brady) Procedure in relation to class actions. Adds additional requirements concerning: prerequisites to the maintenance of a class action (including provisions that a class action may be certified only if: the plurality of the class members are residents of Illinois or if the plurality of the class members were physically in Illinois when the cause of action arose; and a class action is superior to other available methods for the fair and efficient adjudication of the controversy); where a class action may be brought; preliminary determinations to be made by the court; notice to the class; coupon and other noncash settlements; loss by class members under a proposed settlement; and attorney's fees.
Status: House Rules Committee
NFIB Position: Support
HB 5291 (Stephens) Joint and Several Liability -- Amends the Code of Civil Procedure. Provides that in actions arising out of bodily injury, death, or damage to property based on negligence or product liability based on strict tort liability there will not be joint and several liability, rather when more than one defendant is found to be liable, a defendant will only be liable for that percentage of the plaintiff's damages, found by the trier of fact, that the defendant's percentage of contributory fault, found by the trier of fact, represents. Amends the Joint Tortfeasor Contribution Act requiring, in the event that the obligation of one or more tortfeasors is uncollectible, the remaining tortfeasors to share, pro rata, the unpaid portion. Repeals Section stating that a plaintiff's right to recover the full amount of his or her tort judgment from any one or more defendants is unaffected by the Contribution Act.
Status: House Rules Committee
NFIB Position: Support
HB 5292 (Cross) Creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact finder may not consider: evidence of a defendant's alleged wrongdoing, misconduct, or guilt; evidence of the defendant's wealth or financial resources; or any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court review of noneconomic damage awards.
Status: House Rules Committee
NFIB Position: Support
HB 5295 (Stephens) Re-enacts and changes various provisions of the Code of Civil Procedure relating to product liability actions that were added by Public Act 89-7, which was held to be void in its entirety by the Illinois Supreme Court in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997). Effective immediately.
Status: House Rules Committee
NFIB Position: Support
SB 2451 (Jacobs) Creates the Product Seller Liability Act. Provides that no action based on any legal theory for harm of any kind may be brought against a product seller unless the product seller: (1) manufactured, produced, or designed the product; (2) altered, modified, assembled, or failed to maintain the product, in a manner that caused the claimant's harm; or (3) made an express warranty as to the product, and the failure of the product to conform to the warranty caused the claimant's harm. Provides an exception to the prohibition of actions against a product seller if the product manufacturer is not subject to personal jurisdiction in Illinois. Provides that the Act applies to all claims filed on or after its effective date. Effective July 1, 2008.
Status: Senate Rules Committee
NFIB Position: Support
