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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0239 Introduced 1/31/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-1115 | from Ch. 110, par. 2-1115 |
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Amends the Code of Civil Procedure. Provides that the prohibition on the recovery of punitive damages in a legal malpractice action includes damages sought as compensatory damages which were assessed against the legal malpractice plaintiff or failed to be obtained by the legal malpractice plaintiff.
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| | A BILL FOR |
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| | SB0239 | | LRB103 26315 LNS 52676 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-1115 as follows:
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| 6 | | (735 ILCS 5/2-1115) (from Ch. 110, par. 2-1115)
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| 7 | | Sec. 2-1115. Punitive damages not recoverable in healing |
| 8 | | art and legal
malpractice cases. In all cases, whether in |
| 9 | | tort, contract or otherwise,
in which the plaintiff seeks |
| 10 | | damages by reason of
legal, medical, hospital, or other |
| 11 | | healing art malpractice, no punitive,
exemplary, vindictive or |
| 12 | | aggravated damages shall be allowed. This prohibition on the |
| 13 | | recovery of punitive damages in a legal malpractice action |
| 14 | | includes damages sought as compensatory damages which were |
| 15 | | assessed against the legal malpractice plaintiff or failed to |
| 16 | | be obtained by the legal malpractice plaintiff.
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| 17 | | (Source: P.A. 84-7.)
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