Bill Text: IL HB5596 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Amends the Civil Practice Law of the Code of Civil Procedure. Defines "product liability action" and "confidentiality order". Provides that for good cause shown, a party required to respond to discovery in a product liability action may obtain a confidentiality order. Provides that if the court finds that such a confidentiality order is appropriate, the order shall be narrowly drafted and may permit the subsequent designation of specific confidential materials. Provides that, if a party objects to a designation that limits disclosure or dissemination of materials under a confidentiality order, the party seeking to limit disclosure or dissemination pursuant to a claim of confidentiality must demonstrate, by a preponderance of the evidence, a specific, serious, and substantial interest in confidentiality that outweighs the adverse effect of confidentiality upon the general public health or safety. Provides for appeals of orders denying confidentiality. Provides that the new provisions do not: preclude the use of confidentiality orders to protect trade secrets; apply to laws or regulations safeguarding the confidentiality of medical records; or apply to healthcare services. Contains provisions concerning intervention; prohibited agreements; applicability; and other matters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-08 - Rule 19(a) / Re-referred to Rules Committee [HB5596 Detail]

Download: Illinois-2015-HB5596-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5596

Introduced , by Rep. Robert F. Martwick

SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1021 new

Amends the Civil Practice Law of the Code of Civil Procedure. Defines "product liability action" and "confidentiality order". Provides that for good cause shown, a party required to respond to discovery in a product liability action may obtain a confidentiality order. Provides that if the court finds that such a confidentiality order is appropriate, the order shall be narrowly drafted and may permit the subsequent designation of specific confidential materials. Provides that, if a party objects to a designation that limits disclosure or dissemination of materials under a confidentiality order, the party seeking to limit disclosure or dissemination pursuant to a claim of confidentiality must demonstrate, by a preponderance of the evidence, a specific, serious, and substantial interest in confidentiality that outweighs the adverse effect of confidentiality upon the general public health or safety. Provides for appeals of orders denying confidentiality. Provides that the new provisions do not: preclude the use of confidentiality orders to protect trade secrets; apply to laws or regulations safeguarding the confidentiality of medical records; or apply to healthcare services. Contains provisions concerning intervention; prohibited agreements; applicability; and other matters.
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A BILL FOR

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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by adding
5Section 2-1021 as follows:
6 (735 ILCS 5/2-1021 new)
7 Sec. 2-1021. Product liability; confidentiality orders.
8 (a) As used in this Section, "product liability action"
9means a lawsuit for damages for personal injury or wrongful
10death caused by an instrumentality, a device, an instrument, a
11product, or a condition of an instrumentality, a device, an
12instrument, or a product that has caused and is likely to cause
13personal injury or death in other members of the public.
14 (b) As used in this Section, "confidentiality order" means
15a court order that limits the disclosure or dissemination of
16information obtained through discovery in a product liability
17action.
18 (c) For good cause shown, a party required to respond to
19discovery in a product liability action may obtain a
20confidentiality order. If the court finds that such a
21confidentiality order is appropriate, the order shall be
22narrowly drafted and may permit the subsequent designation of
23specific confidential materials. The party requesting the

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1materials shall object with reasonable particularity to any
2designation of confidential materials that does not meet the
3standard in subsection (d).
4 (d) Upon objection of a party to a designation that limits
5disclosure or dissemination of materials under a
6confidentiality order, the party seeking to limit disclosure or
7dissemination pursuant to a claim of confidentiality must
8demonstrate to the court, by a preponderance of the evidence, a
9specific, serious, and substantial interest in confidentiality
10that outweighs the adverse effect of confidentiality upon the
11general public health or safety. The court shall make written
12findings in support of its decision to grant or deny
13confidentiality. The party seeking a confidentiality order has
14the right to appeal an order denying confidentiality, subject
15to Supreme Court Rule 307.
16 (e) Nothing in this Section precludes the use of
17confidentiality orders to protect trade secrets, consistent
18with the standard in subsection (d).
19 (f) No agreement or order resolving or terminating a
20product liability action may require any party to keep
21confidential any information that is not covered by a
22confidentiality order, with the exception of information about
23settlement amounts or other benefits provided under a
24settlement agreement. Any provision of a settlement agreement
25that violates this subsection (f) is severable from the
26remainder of the agreement, notwithstanding any provision to

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1the contrary, and the remainder of the agreement shall remain
2in force.
3 (g) Nothing in this Section affects the scope of discovery
4under applicable court rules or the court's power to supervise
5the discovery process.
6 (h) This Section does not apply to or affect laws or
7regulations safeguarding the confidentiality of medical
8records.
9 (i) This Section does not apply to healthcare services.
10 (j) Any person who satisfies the requirements of Section
112-408 of this Code may intervene in an action for the purpose
12of challenging a confidentiality order.
13 (k) No person shall enter into an agreement to resolve a
14potential product liability action if that agreement conceals
15information that the disclosure of which is necessary to
16protect the public health and safety. An agreement is void as
17against public policy only upon a final judicial determination
18that the agreement violates this subsection (k).
19 (l) This Section applies to all confidentiality orders and
20all agreements entered into or executed with respect to product
21liability actions on or after the effective date of this
22amendatory Act of the 99th General Assembly.
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