CHICAGO (July 14, 2022) – Illinois attorneys in both the plaintiff and defense bars are keeping a close eye on how courts interpret the state’s new prejudgment interest law, which one court deemed unconstitutional earlier this year.
Cook County Circuit Court Judge Marcia Maras concluded it violated defendants’ rights to a jury trial by infringing on jurors’ rights to determine damages. Chicago Managing Partner Patrick A. Salvi II told Law 360 the Illinois Trial Lawyers Association has argued such a law was long overdue, as 46 other states have some form of prejudgment interest available for trial-winning plaintiffs.
“There’s an inherent imbalance between someone who is injured and a big corporation, or an insurance company that has lots of money under its umbrella, lots of assets,” Patrick A. Salvi II told Law 360’s Celeste Bott.
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