From the Chicago Daily Law Bulletin
During his customary postmortem at the end of the legislative session a little more than a week ago, House Speaker Michael J. Madigan struck a critical tone while framing policymakers’ accomplishments during the year.
“Obviously, this is a session where we have not enjoyed great success. That’s very obvious,” he told his colleagues on the House floor.
Although the speaker was alluding to the failure to pass a deal on the pressing issue of pension reform, legislators did craft a handful of significant changes this year — including ones involving settlement payouts, police interrogations and age requirements in court — that could have significant implications for the legal community.
Near the top of the dossier of meaningful legislation passed is Senate Bill 1912, which would set a timetable for payouts to a plaintiff from a settling defendant.
Currently, if a settlement is reached and a defendant does not pay in a timely manner, a plaintiff can seek to compel a payment via a court motion, requesting a judge to enforce and adjudicate liens.
Under the new measure sponsored by Rep. Elgie R. Sims Jr. and Sen. Kwame Y. Raoul, both Chicago Democrats, a defendant would tender a release to the plaintiff 14 days after written confirmation of an agreement is reached, and once the plaintiff returns that release, the defendant has 30 days to pay the sum.
“We’re not forcing them to do anything that they’re not already doing. These parties have agreed to settle the case to move the process forward,” Sims said while defending his bill on the floor. “This bill helps to maintain the integrity of our process.”
If a court rules that a defendant did not adhere to the settlement agreement, the plaintiff can collect 9 percent interest on the award, although both parties can agree from the beginning to opt out of all provisions of the bill.
The bill passed both chambers and will soon be sent to Gov. Patrick J. Quinn’s desk for approval. The governor will review the bill when it gets to his desk, his spokesman said.
Read the entire article from the Chicago Daily Law Bulletin (Subscription Required).