a judge has a duty to correct the verdict by ordering a remittitur, with the plaintiff’s consent. 9 If consent is not given, the court has a duty to order a new trial because the judge may not allow an excessive verdict to stand and must act to correct the injustice. 10 The failure to do so can be considered judicial error. 11 By encroaching on this power of the judiciary, the Illinois cap on noneconomic damages was ruled to be unconstitutional.

is substantial, it represents only about 1. 5 percent of national health expenditures and less than 3 percent of total payments to doctors and hospitals.

clause at issue in LeBron can be found in Article II, Section 1 of the Illinois Constitution. Ill.

Government Accountability 3. Office, Medical Malpractice: Implications of Rising Premiums on Access to Health Care, GAO-03- 836 August 8, 2003.

LeBron 9. at 11*, citing Best v. Taylor Machine Works, 179 Ill. 2d 367, 412 (1997).

Best 10. , 179 Ill. 2d at 413.

Congress Must Consider Case Law Although tort reform in the form of a cap on noneconomic damages has been upheld in other states, the U.S. Congress must consider LeBron and its implications on the separation of powers. The decision may still be appealed to the U.S. Supreme Court until August 24, 2010. Perhaps the high Court will decide whether the legislative branch or the judicial branch of the government has the power to regulate or alter the noneconomic damages that can be awarded in a civil case.

Id. 4. The overall prevalence and costs of such practices have not been reliably measured. The Government Accountability Office notes that given the limited scope of its study on this issue, it could not estimate the extent or cost of defensive medicine.

■

Id. 11. at 412-413. In Illinois, if a plaintiff refuses to consent to the entry of a remittitur and also opposes the ordering of a new trial, he has thirty days in which to appeal the order granting a new trial. Illinois Supreme Court Rule 366, 50 Ill. 2d R. 366(b)( 2)(ii).

Congressional Budget Office, 5. The Effects of Tort Reform: Evidence from the States, June 2004.

FEMA Reports
Conn. Disaster Aid

The Illinois Supreme Court had 6. struck down the Illinois legislature’s Tort Reform Act of 1995 in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), and declared that the Act’s statutory caps violated the separation of powers clause of the Illinois Constitution.

WALLINGFORD, CONN. — More than $5.5 million in federal disaster assistance has been approved for individuals and households in Connecticut affected by this spring’s severe storms and flooding, according to the Federal Emergency Management Agency (FEMA).

LeBron v. Gottlieb Memorial 1. Hospital, Docket No. 105741 (February 4, 2010).

Congressional Budget Office, 2. Key Issues in Analyzing Major Health Insurance Proposals, December 2008. In this report, the Congressional Budget Office estimated that in 2008, health care providers were likely to spend more than $30 billion to defend against and pay medical malpractice claims. Although that amount of money

See LeBron 7. at 21*. These states with similar statutes are Alaska, California, Colorado, Florida, Georgia, Hawaii, Idaho, Maryland, Illinois, Kansas, Maryland, Mississippi, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, Washington, West Virginia, and Wisconsin.

As of July 6, FEMA’s figures showed that 3,298 individuals in designated counties have registered for disaster assistance with the Federal Emergency Management Agency (FEMA)

The Illinois separation of powers 8.

To those individuals, $3,786,595 has been disbursed for temporary housing and home repairs. FEMA also reported that $195,527 in so-called “other needs assistance” has been disbursed for personal property loss, medical costs and other expenses not covered by insurance.

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Surety Bonds

U.S. Treasury Approved

800-829-2663x108-Support@MassBond.com 170 Milk Street Boston, Massachusetts 02109

FEMA noted that individuals and businesses have been issued 3,137 U.S. Small Business Administration (SBA) loan applications have been issued to individuals and businesses. SBA loan applications can be returned to determine if applicants are eligible for other types of assistance. As of earlier this month, $1,602,300 in assistance had been approved by the SBA. Assistance can be applied for at www.DisasterAs-sistance.gov until July 27.