Article

Unique Treatment Not Necessarily "Special" Legislation in Malicious Prosecution Cases

There is a section of the Code of Civil Procedure that makes it easier for certain plaintiffs in malicious prosecution cases, by eliminating the requirement that they plead or prove special injury. For example, doctors who have been sued in medical malpractice cases get this benefit. The Illinois Supreme Court has now held this section is not unconstitutional as special legislation, nor violative of equal protection or due process. Miller v. Rosenberg, 196 Ill.2d 50, 749 N.E.2d 946, 255 Ill.Dec. 464 (Ill. 2001).