Legal Memorandum: Settlements are reviewed, on appeal, for an abuse of discretion

Issue: Under Illinois law, what is the standard of review for a settlement?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Standard of Review; Settlement; Deferential
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 01/01/2016

[On appellate] review the circuit court’s decision to approve the settlement between AdGooroo and Bank of America for an abuse of discretion. Johnson, 203 Ill.2d at 135; Miranda, 2013 IL App (1st) 122674, ¶ 10. This standard "is the most deferential standard of review-next to no review at all-and is therefore traditionally reserved for decisions made by a trial judge in overseeing his or her courtroom or in maintaining the progress of a trial." In re D.T., 212 Ill.2d 347, 356 (2004). This standard affords "due regard for the court’s familiarity with and observation of the course of the proceedings prior to the execution of the settlement agreement." McDermott v. Metropolitan Sanitary District, 240 Ill.App.3d 1, 44 (1992). The question is not whether this court would have resolved the good-faith issue as the trial court did, or whether the court exercised its discretion wisely. Miranda, 2013 IL App (1st) 122674, ¶ 16. Rather, a trial court abuses its discretion where its ruling is so arbitrary or illogical that no reasonable person would adopt it. Id.; 1515 N. Wells, L.P. v. 1513 N. Wells, L.L.C., 392 Ill.App.3d 863, 870 (2009).

Adgooroo, LLC v. Hechtman, 2016.IL.142531-U (Ill. App. Dist. 1. Jan, 28. 2016) (not precedential).

Date: January 1, 2016