The consolidation order that isn’t: How prejudgment interest became a morass

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of Illinois Defense 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 December 28, 2022 9:59 AM

One of the biggest issues to be faced by the Illinois Appellate Court in the coming months and ultimately the Illinois Supreme Court will be the constitutionality of prejudgment interest in tort cases.As detailed in this space on several occasions, but March 2, in particular, the process for passage of what became PA 102-006 was fundamentally flawed, and it will likely be up to the state high court whether it can reverse the jurisprudence of the enrolled bill doctrine that allows the General Assembly to ignore the …

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