Illinois Supreme Court Strikes Down Caps on Damages

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This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers between the legislature and the judiciary. The Court finds that the legislative imposition of caps on damages imposes on the trial court's inherent authority to enter a remittitur if it finds the jury's award is improper.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Steven Pietrick
Stone & Johnson, Chtd.

Licensed attorney in Illinois since 1984 with an active civil litigation practice relating to... View Profile »


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