Illinois Legislature Passes Bill Allowing for Prejudgment Interest on Personal Injury Claims

Steven Ahillen

By Steven Ahillen



personal injuryIllinois law traditionally has not allowed for prejudgment interest on personal injury claims, but that rule is about to change. On January 13, 2021, the Illinois legislature passed House Bill 3360. The original purpose of the bill was to amend Illinois law relating to mortgage foreclosures and abandoned residential property. However, Senate Floor Amendment No. 1 modified the bill to introduce prejudgment interest for personal injury claims in Illinois.

Prejudgment interest on personal injury actions was not available under the common law, so generally it is only allowed when authorized by a statute. Illinois HB 3360 provides that in all actions for personal injury or wrongful death, the plaintiff shall recover prejudgment interest on all damages set forth in a subsequent judgment at the interest rate of 9% per annum.

Of note is when prejudgment interest begins to accrue under the bill. Among the jurisdictions allowing prejudgment interest on personal injury claims, a plethora of approaches has emerged for determining the starting point. Some states require the rejection of a formal demand with specific requirements (such as Missouri, § 408.040 RSMo.), others from the date of the loss (such as Florida, Fla. Stat. § 687.01), or still others from the date of the filing of the complaint (such as Michigan, Mich. Comp. Laws § 600.6013). Continue reading »

FMCSA’s New Rules Offer Improved Flexibility to Commercial Motor Vehicle Drivers

Steven Ahillen

By Steven Ahillen



truckingFor years, commercial drivers and transportation companies have urged the Federal Motor Carrier Safety Administration (FMCSA) to provide greater flexibility in the hours of service (HOS) regulations. This call grew even louder following the implementation of the electronic logging device (ELD) mandate. This summer, FMCSA finally announced revisions to the hours of service regulations. The new rules went into effect on September 29, 2020.

The FMCSA’s rule changes affect four areas: the short-haul exception; the adverse driving conditions exception; the 30-minute break requirement; and the sleeper berth provision. Additionally, although it is not a formal rule change, the FMCSA issued new guidance regarding personal conveyances. These updates will help provide flexibility to an industry that often grapples with rigid regulations that have failed to keep pace with reality.

Short Haul Exemption

The short-haul exemption applies to drivers who report at the same location at the start and end of each workday and operate in a limited area. These drivers can keep a time record in place of the more burdensome HOS log. FMCSA’s new rule increases the geographic restriction from 100 air-miles to 150 air-miles. This change will allow motor carriers utilizing this exemption to expand their range, and some drivers whose regular routes previously prevented them from taking advantage of the exemption now can do so. Further, the on-duty limit for short haul operations has increased from 12 hours to 14 hours. Continue reading »

Changes to the Missouri Merchandising Practices Act and Claims for Punitive Damages

Steven Ahillen

By Steven Ahillen



Governor Mike Parson recently signed Missouri SB 591, which brings significant changes to the Missouri Merchandising Practices Act (MMPA) and claims for punitive damages. The statute also adds new evidentiary and pleading requirements that will make it more difficult to prevail on a claim under the MMPA and to obtain punitive damages generally. The changes apply to lawsuits filed on or after August 28, 2020.

Changes to the Missouri Merchandising Practices Act

The MMPA (Section 407.010 RSMo., et seq.) is a broad consumer protection statute designed to safeguard the public against dishonest business practices. Under the MMPA, it is unlawful to engage in any deception, fraud, misrepresentation, or unfair practice in connection with the sale or advertisement of any merchandise in commerce, or solicitation of funds for a charitable purpose. While the act charges the attorney general to police the marketplace, it also provides for a private cause of action for those who have been victimized. Attorneys’ fees are recoverable under the statute, and it has proven to be a popular tool in suits against businesses. However, SB 591 adds several new requirements that a plaintiff must satisfy to prevail on an MMPA claim.

  • Reasonableness is Required

Continue reading »