By Jim Covington, ISBA Director of Legislative Affairs
This is a quick and dirty summary of 10 bills that have been passed by both chambers that may be of interest to ISBA members. The General Assembly has 30 days from passage to transmit it to the Governor, and he then has 60 days to take action on them. Enjoy!
(1) Tort cases and settlement problems.Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) amends the Code of Civil Procedure to create an enforcement mechanism for cases in which the parties agree to settle, but the defendant won’t comply with the agreement. It is limited to cases seeking money damages involving personal injury, wrongful death, or tort action. It requires a settling defendant pay all sums due to the plaintiff within 30 days of tender of all applicable documents required under this new Section.
It requires a “settling defendant” to tender a release to the plaintiff within 14 days of written confirmation of the settlement. If the law requires court approval of a settlement, the plaintiff must tender to the defendant a copy of the court order approving the settlement. If there is a known third-party right of recovery or subrogation interest, the plaintiff may protect the third-party’s right of recovery or subrogation interest by tendering to the defendant: