punitive damages claim in Illinois

2018In that case, this court considered whether punitive damages could be recovered by assignees after a common-law fraud claim brought by a corporation was assigned to the corporation’s former shareholders. 6 This court ultimately held that the assignment of a punitive damages claim would not violate public policy. ¶ 43 As referenced in the appellate court’s opinion in this case, the Kleinwort court announced, at the outset of its analysis, the modern view on assignability: “Today, assignability is the rule and nonassignability is the exception.” Kleinwort, 181 Ill. 2d at 225 (citing 6 Am.

2017In that case, this court considered whether punitive damages could be recovered by assignees after a common-law fraud claim brought by a corporation was assigned to the corporation's former shareholders. 6 This court ultimately held that the assignment of a punitive damages claim would not violate public policy. ¶ 43 As referenced in the appellate court's opinion in this case, the Kleinwort court announced, at the outset of its analysis, the modern view on assignability: "Today, assignability is the rule and nonassignability is the exception." Kleinwort , 181 Ill. 2d at 225 , 229 Ill.Dec. 496

2010In the context of a punitive-damages claim, willful and wanton conduct “ ' “approaches the degree of moral blame attached to intentional harm, since the defendant deliberately inflicts a highly unreasonable risk of harm upon others in conscious disregard of it.” ’ ” Loitz, 138 Ill. 2d at 416 , 563 N.E.2d at 402 , quoting Bresland v. Ideal Roller & Graphics Co., 150 Ill.

2010In the context of a punitive-damages claim, willful and wanton conduct “ ' “approaches the degree of moral blame attached to intentional harm, since the defendant deliberately inflicts a highly unreasonable risk of harm upon others in conscious disregard of it.” ’ ” Loitz, 138 Ill. 2d at 416 , 563 N.E.2d at 402 , quoting Bresland v. Ideal Roller & Graphics Co., 150 Ill.

2021Id. at 259-60 .

2021Id. at 259-60 .

2010The court explained that the decision in National Bank was not based solely on the Survival Act; rather, National Bank presumed that, where the "legislature specifically provides for recovery of exemplary damages as part of a comprehensive regulatory scheme" and where the punitive damages provision is "part and parcel" of the act at issue, the legislature's intention was for the punitive damages claim to "be litigated regardless of whether the injured person continues to live." Froud, 98 Ill. 2d at 332-33 .

2010The court explained that the decision in National Bank was not based solely on the Survival Act; rather, National Bank presumed that, where the “legislature specifically provides for recovery of exemplary damages as part of a comprehensive regulatory scheme” and where the punitive damages provision is “part and parcel” of the act at issue, the legislature’s intention was for the punitive damages claim to “be litigated regardless of whether the injured person continues to live.” Froud, 98 Ill. 2d at 332-33 .

2010It would pervert the Act's intention if reprehensible conduct, so severe in consequence that resultant injury, culminating in death, was to be insulated from punitive liability under the very act designed to vigilantly promote safety by public utilities." National Bank, 73 Ill. 2d at 173-74 . -4- No. 2--09--0625 Further, the court noted that the Mattyasovszky decision did not abate a defendant's "statutory liability for punitive damages upon the death of the injured person," nor did Mattyasovszky base its denial of common-law punitive damages "on the broad proposition that punitive damages are

2010It would pervert the Act's intention if reprehensible conduct, so severe in consequence that resultant injury, culminating in death, was to be insulated from punitive liability under the very act designed to vigilantly promote safety by public utilities." National Bank, 73 Ill. 2d at 173-74 . -4- No. 2--09--0625 Further, the court noted that the Mattyasovszky decision did not abate a defendant's "statutory liability for punitive damages upon the death of the injured person," nor did Mattyasovszky base its denial of common-law punitive damages "on the broad proposition that punitive damages are

1999Finally, plaintiff questions whether section 2 — 604.1 of the Code remains valid in light of our supreme court’s decision in Best v. Taylor Machine Works, 179 Ill. 2d 367 , 689 N.E.2d 1057 (1997).

1999Finally, plaintiff questions whether section 2 — 604.1 of the Code remains valid in light of our supreme court’s decision in Best v. Taylor Machine Works, 179 Ill. 2d 367 , 689 N.E.2d 1057 (1997).

1991App. 2d 344 , 207 N.E.2d 344 , the court determined that the giving of a punitive damages instruction where plaintiff alleged willful and wanton misconduct, but did not pray for punitive damages, did not warrant a reversal since the amount of the verdict indicated that punitive damages had not in fact been awarded.

1978App. 2d 344 , 207 N.E.2d 344 .) There, this court held that the giving of a punitive damages instruction where plaintiff did not pray for such damages did not warrant reversal because the amount of the verdict clearly indicated that no punitive damages were in fact awarded.

2026Mead Johnson contends the evidence had no relevance to causation, product defect, warnings, or the medical facts surrounding NEC but instead improperly portrayed the company as wealthy and profit-driven. ¶ 148 “To be admissible, evidence must meet the threshold requirement of relevance.” Snowstar Corp. v. A&A Air Conditioning & Refrigeration Service, Inc., 2024 IL App (4th) 230757, ¶ 111 .

2013The Grant court reversed the circuit court’s decision to deny leave to file a punitive damages claim for medical battery, finding the battery claim arose “independently of the alleged healing art of malpractice.” Id. at 805 .

2004In Penberthy v. Price, 281 Ill.App.3d 16 , 216 Ill.Dec. 902 , 666 N.E.2d 352 (1996), the Illinois Appellate Court, Fifth District, cautiously considered whether a punitive damages claim should survive against the estate of an intoxicated motorist.

2004In Penberthy v. Price, 281 Ill.App.3d 16 , 216 Ill.Dec. 902 , 666 N.E.2d 352 (1996), the Illinois Appellate Court, Fifth District, cautiously considered whether a punitive damages claim should survive against the estate of an intoxicated motorist.

1993Dec. at 320 , 387 N.E.2d at 1248 .) We see little difference between a punitive damages claim for willfully and wantonly hiring an employee in the first instance and a claim for willfully and wantonly retaining an unfit employee after hiring.

1993App. 3d at 931 , 387 N.E.2d at 1248 .) We see little difference between a punitive damages claim for willfully and wantonly hiring an employee in the first instance and a claim for willfully and wantonly retaining an unfit employee after hiring.

1990Plaintiff also contends that the trial judge committed prejudicial error in submitting the punitive damages instruction tendered by defendant, which included the requirement of “actual malice,” defined as “a positive desire and intention to injure,” instead of his tendered instruction which included “wantonness *** oppression and circumstances of aggravation.” The case cited by plaintiff in support of his assertion, Getschow v. Commonwealth Edison Co. (1982), 111 Ill.

1990App. 3d 522, 534 , 444 N.E.2d 579, 587 , involves different factual circumstances and did not address the appropriate instruction to be tendered in this regard.

1988(See Klawonn v. Mitchell (1985), 105 Ill. 2d 450, 453 ; 34 Am.

1988App. 3d 703 , 491 N.E.2d 795 .) Even an allegation that a bank acted in bad faith in breaching an agreement with its customer is not sufficient to give rise to a punitive damages claim.

1988(Carrico v. Delp (1986), 141 Ill.

1981Knierim v. Izzo (1961), 22 Ill. 2d 73, 87 .” The trial court’s decision to allow or dismiss a punitive damages claim will not be reversed in the absence of an abuse of discretion.

1981Shaw v. Miller (1978), 64 Ill.