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  • Downey & Lenkov, LLC

Cook County Court Holds Illinois Prejudgment Interest Statute Unconstitutional

Updated: Jun 21, 2022

On May 27, 2022, Judge Marcia Maras entered her long-awaited decision on whether the 2021 Prejudgment Interest Statute is unconstitutional.

In Hyland v. Advocate Health, Cook County Law Division Case No. 17 L-003541 Judge Maris concluded that the statute, which imposes 6% prejudgment interest on the difference between the last settlement made by a defendant within 1 year of a suit being filed and the resulting verdict, was unconstitutional as invasive of the right to trial by jury and violative of the proscription against special legislation.

No doubt the decision will be appealed directly to the Illinois Supreme Court.

We will include a full examination of the court’s decision and its impact in our upcoming General Liability Newsletter.

For comments or questions, please contact us.

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