Kim Jansen Discusses Top Illinois Case Decisions of the First Half of 2023

Hinshaw partner Kim Jansen discussed in Law360's "Biggest Illinois Decisions Of 2023: A Midyear Report" a state appellate court's decision on an Illinois law that allows plaintiffs to recover six percent prejudgment interest on all damages—except punitive damages, sanctions, statutory attorney fees, and costs—surmising that it could result in more settlements and fewer trials, and defendants could be more inclined to bump up their settlement offers accordingly.

Jansen noted that six percent is not a small amount and can add significantly to the potential judgment defendants face, putting pressure on them to resolve the matter quickly even if they feel they aren't liable. "My read of the statute and the decision is that the only way to reduce your exposure is to get a not-guilty verdict or make an offer of settlement," she said.

Jansen anticipates the Illinois Supreme Court will likely have the final say on the issue.

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"Biggest Illinois Decisions Of 2023: A Midyear Report" was published by Law360 on July 19, 2023.