Publications

Illinois Bar Journal
Articles on Immunity

Absolute immunity for child reps By Helen W. Gunnarsson October 2011 Lawpulse, Page 490 Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.
Retaliatory-discharge claim against town not time-barred by Tort Immunity Act October 2011 Illinois Law Update, Page 496 On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
Legal Immunities for Local Governments in Public Health Emergencies By Christina Marie Webb June 2010 Article, Page 314 A brief review of immunities available to local governments, governmental employees, and volunteers if they're sued for conduct arising from public health emergencies.
The Snow and Ice Removal Act does not provide immunity for injuries sustained on driveways April 2010 Illinois Law Update, Page 180 On January 27, 2010, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Lake County, which granted the defendants' motion to dismiss the plaintiff's complaint.
Absolute immunity applies to protect police officers from tort liability May 2009 Illinois Law Update, Page 226 On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).
In Defense of the Citizen Participation Act By Adam Schwartz March 2009 Column, Page 114 The Illinois Citizen Participation Act of 2007 protects expressive activity in furtherance of efforts to petition the government.
Retalitory discharge: local governments not immune under Workers’ Comp Act By Helen W. Gunnarsson November 2008 Lawpulse, Page 548  Public employees can sue for being fired in retaliation for filing a workers' comp claim, the Illinois Supreme Court holds.
No discretionary immunity for retaliatory discharge of employee June 2008 Illinois Law Update, Page 284 On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.
Correspondence from Our Readers November 2007 Column, Page 566  Anti-SLAPP law gives "unwarranted protection".
Local public entity immune from retaliatory discharge claim August 2007 Illinois Law Update, Page 404 On June 6, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Lake County dismissing Gregory Smith's retaliatory discharge complaint against the Waukegan Park District. 
No governmental immunity for hazardous recreational activity By Helen W. Gunnarsson April 2007 Lawpulse, Page 170 The tort immunity act offers no blanket immunity for trampolining and other hazardous recreational activities, the high court rules.
Parent companies more vulnerable to suit for subsidiaries’ torts By Helen W. Gunnarsson April 2007 Lawpulse, Page 170 Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.
The Incredible Expanding/Shrinking Right of Children to Sue “Parents” By Jeffrey J. Kroll and Sean P. Driscoll February 2007 Article, Page 86 Illinois courts are giving immunity to more types of parents on the one hand as they create exceptions to the parental immunity doctrine on the other.
One-year limitation period in Tort Immunity Act applies to personal injury actions against local public entities February 2005 Illinois Law Update, Page 68 On November 18, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's dismissal of the plaintiff's personal injury action. 
Judicial Ping-Pong By James E. Pfander December 2004 Column, Page 652 A new law allows more discrimination claims against the state.
Correspondence from Our Readers August 2004 Column, Page 386 Hall v Henn – the "court had no alternative"
Reporting Child Abuse and Neglect: Good Faith Immunity for Health Care Providers By Theodore R. LeBlang July 2004 Article, Page 356 A look at how recent cases have construed the nature and scope of the immunity.
Hall v Henn discourages neighborliness, critics say By Helen W. Gunnarsson June 2004 Lawpulse, Page 286 Critics fear that the supreme court's interpretation of an immunity statute will discourage landowners from making their property available to others.
Where the source of a state employee’s breached duty is his or her status as a professional, rather than his or her employment by the state, sovereign immunity will not attach. June 2004 Illinois Law Update, Page 292 On March 18, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the trial court's grant of summary judgment to the defendants on the basis of sovereign immunity. 
2003 Illinois Supreme Court Civil Cases: Fees and Family Law, “No” to Immunity, and More By Nancy J. Arnold and Tim Eaton April 2004 Article, Page 180 A look at last year's leading supreme court civil cases.
Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation December 2003 Illinois Law Update, Page 600 On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 
§3-106 of the Tort Immunity Act is not an absolute shield from liability. November 2003 Illinois Law Update, Page 550 On August 21, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts granting summary judgment in favor of the defendants.
State Lawsuit Immunity Act opens Illinois to lawsuits from state employees By Helen W. Gunnarsson October 2003 Lawpulse, Page 486 The new law, which allows state employees to bring race, age, and other discrimination suits, has claimants' lawyers cheering.
The State may not discriminately select when to grant use immunity when doing so would prevent the defendant from fully and meaningfully presenting his defense October 2003 Illinois Law Update, Page 492 On July 11, 2003, the Appellate Court of Illinois, Third District, vacated the order of the Circuit Court of LaSalle County denying the defendant's motion to suppress evidence.
Statute of limitations expands under Local Governmental Tort Immunity Act P.A. 93-0011 August 2003 Illinois Law Update, Page 384 A recent amendment to the Local Governmental and Governmental Employees Tort Immunity Act allows for the commencement of an action for damages for injury or death against any local public entity or public employee.
Avoiding Tort Immunity Pitfalls By Edward W. McNabola June 2003 Article, Page 284 An overview of the challenges to litigants posed by the governmental tort immunity statute.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810 December 2002 Illinois Law Update, Page 634 Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.
Local Governmental and Governmental Employees Tort Immunity Act shields school district from liability when shop teacher makes discretionary policy determination involving safety of saw October 2002 Illinois Law Update, Page 512 On August 14, 2002, the Appellate Court of Illinois, Fourth District, affirmed the holding of the circuit court of Vermilion County, and held that the school district was shielded from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Act), 745 ILCS 10/2-201.
The Physician as Good Samaritan: Evolving Legal Protections Under Illinois Law By Theodore R. LeBlang October 2002 Article, Page 522 A review of the statutory and case law shielding physicians who provide medical care in emergencies.