A new General Assembly, a new crop of bills: Punitive damages on the table

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of Illinois Defense Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted February 16, 2023 11:07 AM

With increased supermajorities in both chambers of the Illinois General Assembly, the Democratic Party and its allies in labor and the trial bar have proposed a slew of new proposals, with rumors of many more on the way.Though not a new proposal, but one that has gained some attention, is a bill to amend the Wrongful Death Act to permit punitive damages. Sponsored by Rep. La Shawn Ford, HB 35 would amend 740 ILCS 180/1. A plaintiff seeking punitive damages would still be subject to the required showing under 735 ILCS 5/2 …

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