Illinois Attorneys Could Be Liable for Punitive Damages in Malpractice Claims

A recent decision from the Supreme Court of Illinois may have rippling consequences for practicing attorneys facing legal malpractice actions. In Midwest Sanitary Serv., Inc. v. Sandberg, Phoenix & Von Gontard, P.C., 2022 IL 127327, the Illinois Supreme Court ruled that upon proof of causation, punitive damages in an underlying action are recoverable as compensatory damages in […]

Missouri Legislature Turns Eyes to Punitive Damages

Fresh off major wins in the 2019 session, Missouri tort reform advocates are shifting their focus to a new target: punitive damages. Following a string of large punitive damages awards from St. Louis City courts, legislators in both chambers introduced bills to sharply curb such claims. Senate Bill 591, introduced by Senator Bill White (R-Joplin), […]

Punitive Damages Demand Alone Likely Insufficient to Trigger Independent Counsel

Illinois courts have long made clear that when a conflict of interest exists between an insured and its insurer, the insured is entitled to independent counsel of the insured’s own choosing and at the insurer’s reasonable expense. See Maryland Cas. Co. v. Peppers, 64 Ill.2d 187, 193 (1976). What is less clear, however, is when exactly a […]