Articles on Apportionment of Liability | Illinois State Bar Association

Settling a conflict: Excluding settling defendants from the apportionment of fault Bench and Bar, February 2009 On November 25, 2008, the Illinois Supreme Court resolved conflicts among and within the various Districts of the Appellate Court on whether defendants who have settled prior to trial should be included on the verdict form for the apportionment of liability.

The question of whether an allocation of fault can be made to settling or dismissed defendants remains a hot topic in Illinois By Melinda S. Kollross & Edward M. Kay Bench and Bar, August 2008 Section 2-1117 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1117) provides for a modified joint and several liability scheme in which a defendant, found less than 25 percent at fault, is only severally liable for a plaintiff’s non-medical damages.

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