Federal court: illegal alien's recovery limited to foreign earning potentialBy Adam W. LaskerDecember 2012Lawpulse, Page 626An undocumented alien can sue his former employer, but his recovery for future earnings is limited to what he could make outside of the U.S., an Illinois-based federal court ruled.
Getting What's Due: Prejudgment Interest in IllinoisBy Adam N. HirschAugust 2010Article, Page 412The accrued interest on your client's damage award can add up to real money. This article explains how to get it.
Medicare and Future Medical Expenses: Does the "Super Lien" Apply?By Bradford J. PetersonJanuary 2010Article, Page 26It's common to accommodate Medicare liens in personal injury liability claims. But must litigants also protect Medicare from future medical expenses? The author explores the issue.
Attacking the Quotient VerdictBy Melissa A. Murphy-Petros and Daniel E. TranenAugust 2009Article, Page 416In a quotient verdict, jurors decide liability or damages by mathematically averaging instead of deliberating. Here s how to prevent and attack them.
The Collateral Source Rule after Wills v FosterBy Jennifer L. Tweeton and Erin N. GrahamApril 2009Article, Page 184A review of the supreme court’s decision in Wills, which allows plaintiffs to recover the “reasonable” (i.e., undiscounted) value of their medical expenses, even if paid by Medicare or some other third party.
Human Rights Act doesn't bar state, federal claims in circuit courtBy Helen W. GunnarssonApril 2009Lawpulse, Page 168Someone who can bring a claim under the Illinois Human Rights Act can nonetheless sue based on federal or common law in state circuit court, the supreme court rules.
Measure of damages to pet may include the cost of veterinary care and treatmentMarch 2009Illinois Law Update, Page 122On December 31, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Logan County awarding damages to the plaintiffs for tortious damage to their dog and modifying the damage award to equal the total costs of veterinary care required.
Scientific Evidence About Grief in Illinois Wrongful Death CasesBy Timothy J. Reuland and Shirley A. MurphyMarch 2009Article, Page 146A 2007 amendment to the Illinois Wrongful Death Act permits recovery for grief. This article discusses the evidence that makes the case for damages.
Understanding Uninsured and Underinsured Motorist ProvisionsBy Helen W. GunnarssonMarch 2009Article, Page 126UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.
Only actual damages are recoverable under Breach of Promise ActNovember 2008Illinois Law Update, Page 554On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding that the defendant had committed legal malpractice.
Clarifying the collateral source ruleBy Helen W. GunnarssonAugust 2008Lawpulse, Page 384The supreme court rules that plaintiffs can recover the "reasonable value" of their medical expenses, whether they're paid by Medicare, Medicaid, insurance, or another source.
New Consumer Remedies for UPLBy Melinda J. BentleyDecember 2007Column, Page 631A new law allows clients to sue for UPL damages under the Illinois Attorney Act.
Correspondence from Our ReadersOctober 2007Column, Page 506Animal law and the ISBA; dogs and damages; KSR and patenting legal techniques
Mental suffering now compensable in wrongful death casesBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.
Collateral source rule and med bills - plaintiff's, defense bar each win oneBy Helen W. GunnarssonJuly 2007Lawpulse, Page 342Two districts of the appellate court construe Arthur v Catour, holding that plaintiffs can recover only what Medicare and Medicaid paid the provider - not the larger, undiscounted amount billed - and allowing a physician's expert testimony that a medical bill was reasonable.
Land Surveyor Liability to Third Parties in IllinoisBy Richard F. BalesMarch 2007Article, Page 136The land surveyor made a mistake - what are the damages? The defenses? Who can recover? This article explores those questions from the plaintiffs' and defense perspectives.
Lawsuit challenges med-mal capsBy Helen W. GunnarssonJanuary 2007Lawpulse, Page 8The suit, filed in Cook County, argues that the statute violates the separation of powers, is impermissible special legislation, and suffers from other constitutional infirmities.
Illinois supremes: legal malpractice plaintiffs can't recover lost punitivesBy Helen W. GunnarssonSeptember 2006Lawpulse, Page 458Successful legal malpractice plaintiffs may not recover punitive damages they would have once but for the defendant lawyers' malpractice, the high court ruled earlier this summer.
