Illinois Appellate Court Requires Setoff Of High-Low Settlement Payments Even After A Defense Verdict

Because a tort plaintiff in Illinois is entitled to only one satisfaction for an injury, the state’s Joint Tortfeasor Contribution Act (the Act), 740 ILCS 100/0.01, et seq., provides that a settlement from one defendant reduces the amount that the plaintiff may recover from another defendant:

When a release or covenant not to sue or not to enforce judgment is given in good faith to one or more persons liable in tort arising out of the […]

By | February 8th, 2026 ||

“No Actual Harm Required” – California Court Of Appeal Kicks Open The Door For Standing Under The ICRAA

Barrington Pacific, LLC (Barrington) and its related entities own and operate multiple apartment complexes across Los Angeles, all managed under a centralized process. Id. at *3. Prospective tenants were required to complete a standardized rental application, authorize background screening, and pay a nonrefundable $41.50 application fee. Id. at *4. That fee was expressly allocated to obtaining credit reports, eviction histories, and resident screening reports, as well as processing internal costs. Id. Each applicant signed a written authorization permitting Barrington to […]

By | February 6th, 2026 ||

Supreme Court Confirms That State Affidavit-of-Merit Laws Don’t Apply In Federal Court

The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021.
What Are Affidavit-of-Merit Requirements?
About half of U.S. states have enacted affidavit-of-merit (or certificate-of-merit) requirements for malpractice cases against licensed professionals like doctors or lawyers. These statutes require a plaintiff to obtain—and file or serve—an affidavit from a qualified expert before filing suit. The expert must attest that the plaintiff’s claim has merit, usually […]

By | February 4th, 2026 ||