Skaggs v. Senior Services
November 1, 2005
Clausen Appellate Team Represents Illinois Manufacturers' Association As Amicus Before Illinois Supreme Court in Crucial Allocation of Fault Appeal
Clausen Miller Appellate Practice Group members Ed Kay, Barb Michaelides and Paul Esposito were granted permission by the Illinois Supreme Court to appear before that Court representing the Illinois Manufactures' Association as Amicus in the Skaggs v. Senior Services appeal pending before the Illinois Supreme Court. Skaggs resolved the conflict among the Illinois appellate districts as to whether a nonsettling defendant is entitled to have a jury allocate fault to settling defendants. Plaintiffs have long sought to keep settling defendants off the verdict form in order to maximize recovery from less culpable, deep pocket defendants, and to manipulate the facts before a jury by keeping from the jury adverse evidence regarding the role of settling defendants in causing damages. Ed, Barb and Paul, on behalf of the Illinois Manufactures' Association, advanced the defense position that the plain meaning of the allocation statute as well as fairness and equity dictate that fault be allocated to settling defendants. A copy of our Amicus brief is on our website, and we can also send you a hard copy upon request. Please call 1-800-826-3505 or email Ed Kay, Barb Michaelides, or Paul Esposito to request a hard copy.
