Ogletree Deakins: Illinois Employers Settling Tort Claims Face Strict Deadlines | Practical Law

Ogletree Deakins: Illinois Employers Settling Tort Claims Face Strict Deadlines | Practical Law

This Ogletree, Deakins, Nash, Smoak & Stewart, P.C. memorandum discusses a new Illinois law, 735 ILCS § 5/2-2301, which creates strict deadlines for defendants settling certain civil actions. Among other things, employers settling "tort actions involving a claim for money damages" (including claims for retaliatory discharge, tortious interference, defamation and infliction of emotional distress) will be required to deliver releases within 14 days after written confirmation of an agreement to settle, and pay settlement sums within 30 days after receiving the executed release from the plaintiff, unless the parties agree otherwise. An employer's failure to comply will entitle the plaintiff to seek judgment in the amount of the settlement, plus the costs and interest. This law becomes effective January 1, 2014.

Ogletree Deakins: Illinois Employers Settling Tort Claims Face Strict Deadlines

Practical Law Legal Update 9-541-0865 (Approx. 3 pages)

Ogletree Deakins: Illinois Employers Settling Tort Claims Face Strict Deadlines

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 10 Sep 2013Illinois, United States
This Ogletree, Deakins, Nash, Smoak & Stewart, P.C. memorandum discusses a new Illinois law, 735 ILCS § 5/2-2301, which creates strict deadlines for defendants settling certain civil actions. Among other things, employers settling "tort actions involving a claim for money damages" (including claims for retaliatory discharge, tortious interference, defamation and infliction of emotional distress) will be required to deliver releases within 14 days after written confirmation of an agreement to settle, and pay settlement sums within 30 days after receiving the executed release from the plaintiff, unless the parties agree otherwise. An employer's failure to comply will entitle the plaintiff to seek judgment in the amount of the settlement, plus the costs and interest. This law becomes effective January 1, 2014.