January/February, 2006

The President’s Thoughts

The Senate and House Republicans, with the support of the U.S. Chamber of Commerce and the Illinois Civil Justice League, have introduced six bills in each chamber to further take away the rights of our citizens and tilt the playing field even more in favor of corporations and the insurance industry. These bills deal with expert witness qualifications, the elimination of joint and several liability, restricting liability in asbestos cases, restrictions on class-action suits and gutting the venue laws. We will use all of our collective resources to oppose these bills and any others which take away the rights of our citizens.

A recent editorial in the Chicago Tribune labeled Cook County as the number two "judicial hellhole" in the United States because of alleged "venue-shopping." The editorial was based entirely upon the self-serving American Tort Reform Association's press release. Two letters to the editor, one by three of our past presidents, Philip Corboy, Tom Demetrio and Bob Bingle, and the other by a defense lawyer, disagreed with the editorial. In a letter sent by the Presiding Judge of the Law Division of the Circuit Court of Cook County, Judge William Maddux, the Tribune was given the statistics (also known as facts) regarding venue motion practice in Cook County. Those facts completely refuted the notion that venue-shopping is a problem in Cook County. Not one word of that letter was printed by the Tribune . A copy of Judge Maddux's letter is available on the ITLA website.

The prosecution in the George Ryan trial is now close to resting after presenting seventeen weeks of evidence. One of the names most often mentioned during the trial, even though he was on the witness stand for only a few days, is Donald Udstuen, the long-time former chief operating officer of ISMIE, executive for the Illinois State Medical Society and well-connected lobbyist. The evidence shows that much of his activities in conection with the allegations against Ryan and his co-defendant, Larry Warner took place in Udsten's ISMIE and/or Medical Society offices while he was supposed to be working for the doctors. If I was an ISMIE policyholder, I would ask a few questions. One is why Udstuen's role in ISMIE has not been thoroughly investigated. Another is why ISMIE executives had rewarded him with almost $5,000,000 in "deferred compensation" just before he was indicted in the George Ryan scandal. And finally, with what ISMIE knows now, why hasn't ISMIE demanded that Mr. Udstuen return the "deferred compensation" to ISMIE's policyholders?

Several months ago, the Wisconsin Supreme Court found that state's cap on medical malpractice damages unconstitutional. Soon afterwords, the legislature rushed through a new cap bill. But Wisconsin's governor vetoed it and subsequent attempts to override his veto were unsuccessful.

Since the November hearing, there has been no word from the Division of Insurance as to any further hearings or other action in connection with ISMIE's 2005 rate filing. The Belleville News Democrat recently published an article regarding numerous questionable aspects of ISMIE's business practices. Another article described how the doctors and their insurance company essentially "borrowed the playbook" from the tobacco industry in putting public pressure on the legislature to pass PA 94-677. Strange bedfellows, indeed.

Legislators in northern Illinois scheduled town hall meetings this month. Thanks to Steve Phillips, Dave Kupets, Scott Lane, Steve Lane, Jeff Shulkin, Brian Lewis, Mark Brown, Zane Smith, Mike Bonamarte and Benjamin Crane for attending those meetings.

The President of the United States has admitted that he authorized warrantless wiretaps of U.S. citizens and bypassed requirements that he obtain a warrant from the Foreign Intelligence Security Act court which oversees such activities. Two lawsuits were recently filed in federal courts to challenge these wiretaps. I am going to go out on a limb and make a brazen prediction. The civil justice system will uncover a lot more about these activities than will Congress and the media.

Keith A. Hebeisen, President
Illinois Trial Lawyers Association