Trial Court in Cook County Rules Prejudgment Interest Statute Unconstitutional

Hat tip to the Chicago Daily Law Bulletin for reporting that Cook County Circuit Court Judge Marcia Maras ruled that the prejudgment interest law signed in 2021 is unconstitutional. The law provides recovery of 6% prejudgment interest in addition to the 9% post-judgment interest already permitted for plaintiffs in personal injury and wrongful death lawsuits.

The issue of constitutionality has been presented to Law Division judges in various motions and pleadings. The cases were consolidated for Judge Maras to consider. Key sentences from the Judge’s ruling as included in the Daily Law Bulletin are: “The Amendment divides tort parties into two groups: parties to personal injury and wrongful death actions who are subject to prejudgment interest, and all other torts parties who are not,” and “It clearly and arbitrarily favors personal injury and wrongful death plaintiffs and is not rationally related to any State interest. For these reasons, the Amendment is unconstitutional.”

Of course this ruling will be tested on appeal, so it is not the final word.  For information about this or other civil litigation topics, contact Thomas E. Patterson at

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