Lebron v. Gottlieb Memorial Hospital: Why the Court Erred in Finding that Caps on Jury Awards Violate Separation of Powers

Ryan Kenneth June, Loyola University Chicago

Abstract

This Note discusses Lebron v. Gottlieb, an Illinois Supreme Court decision which found caps on damages in medical malpractice cases unconstitutional. The Note explores the background of Lebron and the analysis provided by the majority and dissenting opinions before analyzing the court’s finding and discussing the case's impact. This Note concludes that the court’s reasoning was flawed: not only should it be rejected by other states, but it should be overturned in Illinois. Contrary to the court’s holding, the Note argues that caps on damages are not a form of legislative remittitur. Further, remittitur is not an inherent function of the judiciary. Based on this analysis, the Note concludes that legislative caps on damages do not violate the separation of powers mandate in the Illinois Constitution.