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Illinois Law Placing Caps on Noneconomic Damages Declared Unconstitutional

November 15th, 2007 by Amy Gunn

On November 13, 2007, Cook County Circuit Court Judge Diane Larsen held that noneconomic awards in medical negligence cases violated the Illinois Constitution’s “separation of powers” clause.  This decision follows a 1997 Illinois Supreme Court case that rejected caps on personal injury awards placed by the legislature in 1995.  Judge Larsen’s decision is expected to be appealed directly to the Illinois Supreme Court. 

 

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