Illinois Appellate Court Declares Pre-Judgment Interest Statute Constitutional

On June 9, 2023, the 1^st District Appellate Court ruled that the Illinois Prejudgment Interest Statute is constitutional, rejecting all of the defendants’ arguments on the unconstitutionality of the statute.  In doing so, the Court determined that the statute does not invade the jury’s province as the exclusive arbiter of factual issues and does not impose a prohibitive cost on a defendant’s fundamental right to a jury trial.   A full version of the Court’s ruling can be found here.

The Appellate Court’s decision is not unexpected and we still anticipate the issue moving to the Illinois Supreme Court for a final decision.  For the time being, we will continue to consult with our clients on the statute and how to best approach addressing it on a case-by-case basis.  At this time, and in consultation with the defense bar, we continue to recommend that our clients consider extending written settlement offers on appropriate files in accordance with the deadlines under the statute.  Moreover, we will also continue to take steps to raise appropriate challenges to the application of the statute, including potential affirmative defenses challenging the constitutionality of the statute.

We will continue to monitor this developing situation and provide further updates as they occur.  In the interim, please do not hesitate to contact the LPP attorneys handling your cases in order to address any specific questions that you may have on the PJI statute and this ruling.