Illinois Supreme Court decides caps violate separation of powers

The Illinois Supreme Court ruled today that legislation requiring judges to reduce jury awards of noneconomic damages to victims of medical malpractice violates the separation of powers clause of the Illinois Constitution. In their amicus brief, the Chicago Bar Association and Illinois State Bar Association had urged the court to uphold its previous decisions in which the General Assembly attempted to reduce awards for noneconomic damages. ISBA President John O'Brien noted that this was the third time in the last 35 years that the Supreme Court of Illinois has considered and struck down legislative efforts to cap awards given by juries. "The Court has spoken on this issue in defense of our Constitution and the role of the judiciary and juries." ISBA brief on LeBron Illinois Supreme Court summary Lebron v. Gottlieb Memorial Hospital