Local Governments Have Been In The Fight For Years
Last Tuesday, the City of Peoria passed a resolution calling for the Illinois General Assembly to pass meaningful lawsuit reform legislation.
Peoria thus joins dozens -- perhaps hundreds -- of local governments in Illinois that have expressed concern and frustration with the sue-happy mentality of some lawyers in some areas of Illinois.
Of course, the largest local government in Illinois, the City of Chicago, played a significant role earlier this year in working with the ICJL and other groups to stop -- or at least block -- SB 1296, a trial lawyer bill that would allow the plaintiffs' attorneys to go after the "deepest pocket" in personal injury cases, without regard to responsibility.
It has not been without good reason that local governments are supporters of reform. Municipalities, park districts, school districts all can list numerous lawsuits filed against them under questionable circumstances and the legal costs -- and settlement costs or awards -- are borne by taxpayers who would prefer their tax dollars to be used for swimming pools or police officers, rather than for compensation to trial lawyers in frivolous (not all) or questionable lawsuits.
Two situations that come to mind in the relatively recent past include lawsuits against Schaumburg Township and the Village of Hanover Park. Both had to raise taxes to cover the cost of litigation and awards in the late 1990s. In Schaumburg Township's case, voters had to approve a referendum to stave off a costly lawsuit following an accident involving a township bus.
Local governments of many stripes have been members and supporters of the Illinois Civil Justice League since the ICJL's beginning. The Regional Transportation Authority has been a member and the Illinois Government Association of Pools (risk management pools) currently is a member of the ICJL Executive Committee.
Sonya Crawshaw, the late mayor of Hanover Park, was a member of the ICJL's board of directors prior to her death.
During the recent medical malpractice in Southern Illinois, two major Southern Illinois municipalities, Carbondale and Marion, enacted resolutions calling for the General Assembly to enact med-mal reforms. Legislators heard the pleas and enacted reforms which are currently under challenge in a Cook County court.
The recent enactment of a resolution by Peoria is one of several that is pending in local governments throughout Illinois. The ICJL, with the Institute for Legal Reform of the U.S. Chamber of Commerce, and the Illinois Chamber of Commerce, has been encouraging local governments to express the growing concern they have with litigation. Local governments can't enact reform legislation but they can encourage their legislators to do so.
Our hats are off to those who are doing so.
-- Ed Murnane
Illinois Civil Justice League
October 1, 2007
3 comments:
There are judges and there are juries. If the complaint survies a motion to dismiss or other motions it goes to trial before a judge or jury. Judges and juries have the power to put people on death row, they should be able to handle a money claim. There is an appellate system that often reduces the judgement but the press never mentions that.
Local Governments have a ton of protections already on the books in the Tort Immunity Act. Only the most egregious cases result in any payment.
The Mayor -
But SB1296 went much further than that. If an organization was found even partially liable SB1296 would've allowed plaintiffs to seek all the damages from even a partially liable defendant.
This is one of the very few areas where I agree with Mr. Murnane -- SB1296 was bad legislation.
(Plus, one thing you didn't consider is that even if municipalities have protections, that doesn't necessarily stop people from trying to sue. And if SB1296 had passed there would be more such suits as the economic incentive would've grown exponentially.)
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