As many of you may know, the first case to challenge the Illinois Tort Reform provisions was Lebron v. Gottlieb Memorial Hospital (filed in November 2006). The lawsuit challenges, among other provisions, the constitutionality of the cap on non-economic damages. Since the Lebron lawsuit was filed, numerous plaintiffs have filed similar challenges in other lawsuits.
On March 27, 2007, Judge Maddux (the Presiding Judge of the Law Division) consolidated all of the lawsuits that challenge the constitutionality of the Tort Reform and transferred the cases to Judge Diane Larsen who will ultimately rule on this issue. The current order requires the plaintiffs to file their briefs in support of their challenge by April 25, 2007; all defendants must respond by June 6, 2007; and the plaintiffs must file a reply by June 29, 2007. This briefing schedule will likely be extended.
A status on the Lebron matter, which will serve as the lead case for all of the motions, is set for July 10, 2007.
Thursday, April 19, 2007
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