As pols raise taxes, trial lawyers continue to push their costly agenda
Water bottle taxes. Transportation "doomsday." Gross receipts. Family secrets.
A relatively small number of "sexy" issues in Cook County and Springfield has largely dominated the headlines during the past year. And while each of these issues is worthy of attention, it is worth noting that one clout-heavy special interest group is breathing easy, enjoying their year-long hiatus from the public spotlight.
I am writing, of course, about the personal injury trial lawyers.
Possibly the most politically influential group in Illinois (and nationally), the trial lawyers were able to fly under the radar this year.
But that doesn't mean they weren't as active as ever.
While the governor, speaker of the house, and Cook County board president have been grabbing headlines - and distracting the larger business community - the trial lawyers have done their best to wreak havoc in Springfield.
In fact, the trial lawyer agenda in Springfield this year has been the most aggressive in years.
Among the bills they introduced was House Bill 1798, sponsored by Rep. John Fritchey (D-Chicago), which would allow compensation to be paid to beneficiaries of decedents in wrongful death cases for "grief and sorrow." Not just for actual loss, which can be calculated, but for grief and sorrow, which cannot be calculated. Of course, regardless of whether it can be calculated or not, the personal injury trial lawyers will get their cut of the grief and sorrow.
Realizing this misguided legislation would be a dagger through the heart of popular medical liability reform legislation passed two years ago, the Illinois State Medical Society noted that this bill would "expand the damages allowed in wrongful death lawsuits and medical liability litigation."
Successfully passed and signed into law by Gov. Rod Blagojevich, this bill has created a new source of profits for the Illinois trial lawyer industry, now allowing these lawyers to cash in on grief and sorrow.
Can you feel their grief and sorrow?
Another disastrous bill pushed by the trial bar, Senate Bill 1296, would make any Illinois employer -or any Illinois institution, city, county, hospital with deep pockets the prime targets of Illinois trial lawyers. This bill would change the way compensation is determined in damage suits. It changes the rules of fairness in the Illinois tort system.
SB 1296 would establish that if multiple parties are responsible for causing an injury or loss, it makes no difference which of the multiple parties is most responsible. The plaintiff's attorneys, i.e. the trial lawyers, would be able to manipulate which defendant would be left at trial to pick up the tab. It would be the party with the deepest pockets or most money who pays. It wouldn't matter who was mostly at fault, it matters who has the most money.
Fortunately, a broadly-based collection of interests and organizations - including the Illinois Civil Justice League, Illinois Chamber of Commerce, City of Chicago and Illinois Municipal League, among others - was able to stall this bill from passage. It seems certain the trial lawyers will attempt to resurrect it in some form during the next legislative session.
Perhaps the lawsuit lobbyists have kicked it up a notch because they are losing their foothold at the local level. In 2004, they suffered a major blow when Justice Lloyd Karmeier defied millions in trial lawyer campaign cash to win election to the state Supreme Court.
Recent headlines have hailed the unprecedented reforms initiated by Chief Judge Ann Callis in Madison County - long known as the nation's capital of lawsuit abuse. Now even local government organizations, such as the Peoria City Council, have joined the fight, passing pro-lawsuit reform resolutions. Although non-binding, these resolutions do reflect grassroots pressure and voter sentiment that have made it more difficult for the trial lawyers to operate as freely as they once did.
Despite these positive steps forward, Illinois' lawsuit crisis remains. The U.S. Chamber of Commerce annually ranks Illinois among the worst in the country for lawsuit abuse. The American Tort Reform Association continues to label several Illinois counties as "judicial hellholes."
Employers and investors from around the country still look upon the Prairie State with disdain, due in large part to our lawsuit lottery. Doctors, nurses and healthcare professionals continue to suffer under the uncertainty surrounding the trial lawyer's court challenge of the 2004 medical liability reforms.
As the trial lawyers get stymied at the local level, they circle the wagons and retreat to their safe refuge, Springfield, where clout and campaign cash speak louder than public opinion.
In sunlight or the dark of night, in the headlines or on the back page, the issue of lawsuit abuse will continue to be front and center for employers, nonprofit organizations, health care workers, local governments and hospitals. And as trial lawyer cash continues to flow to judicial and legislative candidates alike, the personal injury trial lawyers will descend upon Springfield in the spring to block any meaningful lawsuit reform legislation and to push a dangerous agenda of their own.
The problems that plague our state's sputtering economic engine are vast, but reforming our broken legal system should be at the top of our elected officials' priority list. For the good of the Illinois economy and our employers, consumers and working families, our state legislators should resist the selfish urging of the clout-heavy trial bar.
The only ones who benefit from lawsuit abuse are the trial lawyers. And when they win, the rest of us lose.
