Sec. 29-15. Right of action.

409 words·~2 min read·/il/chapter-740/act-126/29-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 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

(2)costs, expenses, and reasonable attorney's fees, including expert witness fees and

other litigation expenses, incurred in bringing an action under this Act as may be allowed by the court.

(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, 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;

(2)an action founded in contract, and for which a 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

(3)an action where no part of the acts that formed the basis for liability occurred in

this State.