More standing, more BIPA

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted January 13, 2021 11:33 AM

Consequentialist arguments are not usually nearly as persuasive to most people under most circumstances as those arguments grounded in principle. In the law, when the two converge though and combined with constitutional arguments, there is likely to be a powerful and compelling position.Such is the case for standing to be a threshold determination.As any system of civil justice is designed to put the plaintiff back in the position they would have been but for the wrongdoing of the defendant, it presupposes that the …

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