Illinois Compiled Statutes 740 ILCS 126/29-15 – Right of action
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(a) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, for reproductive health care services that are permitted under the laws of this State, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment.
(b) Any person aggrieved by conduct in subsection (a) shall have a right of action in a State circuit court or as a supplemental claim in federal district court against any party that brought the action leading to that judgment or has sought to enforce that judgment. This lawsuit must be brought not later than 2 years after the violation of subsection (a).
(c) If the court finds that a violation of subsection (a) has occurred, the court may award to the plaintiff:
(1) actual damages created by the action that led to
(b) Any person aggrieved by conduct in subsection (a) shall have a right of action in a State circuit court or as a supplemental claim in federal district court against any party that brought the action leading to that judgment or has sought to enforce that judgment. This lawsuit must be brought not later than 2 years after the violation of subsection (a).
Terms Used In Illinois Compiled Statutes 740 ILCS 126/29-15
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(c) If the court finds that a violation of subsection (a) has occurred, the court may award to the plaintiff:
(1) actual damages created by the action that led to
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that judgment, including, but not limited to, money damages in the amount of the judgment in that other state and costs, expenses, and reasonable attorney’s fees spent in defending the action that resulted in the entry of a judgment in another state; and
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(2) costs, expenses, and reasonable attorney’s fees,
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including expert witness fees and other litigation expenses, incurred in bringing an action under this Act as may be allowed by the court.
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(d) The provisions of this Act shall not apply to a judgment entered in another state that is based on:
(1) an action founded in tort, contract, or statute,
(1) an action founded in tort, contract, or statute,
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and for which a similar claim would exist under the laws of this State, brought by the patient who received the reproductive health care services upon which the original lawsuit was based or the patient’s authorized legal representative, for damages suffered by the patient or damages derived from an individual‘s loss of consortium of the patient;
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(2) an action founded in contract, and for which a
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similar claim would exist under the laws of this State, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or
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(3) an action where no part of the acts that formed
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the basis for liability occurred in this State.
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