Publications

Illinois Bar Journal
Articles on Immunity

The Tort Immunity Anomaly: Failure to Properly Examine or Diagnose By Michael P. Cogan September 2002 Article, Page 476 The author argues that county health-care employees should not be immunized for failure to properly diagnose -- as opposed to treat -- illness.
Nonprofit hospital and clinic conducted private sector-type operations and were operated privately, and therefore were not immune from suit under the Tort Immunity Act April 2002 Illinois Law Update, Page 176 On February 7, 2002, the Illinois Supreme Court affirmed the appellate court holding that a nonprofit hospital and nonprofit clinic did not conduct "public business," and therefore, neither one was a "local public entity" under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-206.
Nonprofit hospitals not “public entities” under the Tort Immunity Act By Helen W. Gunnarsson April 2002 Lawpulse, Page 168 According to a recent Illinois Supreme Court ruling, most nonprofit hospitals are not immune from liability under the Tort Immunity Act, and plaintiffs have two years, not one, to bring malpractice suits against them.
School district immune from suit when exercising policymaking decisions under Tort Immunity Act December 2001 Illinois Law Update, Page 624 On October 18, 2001, the Illinois Supreme Court reversed the appellate court, holding that a school district enjoys immunity under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201, when a principal's actions fall under the policymaking provisions of the Act.
Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act August 2001 Illinois Law Update, Page 398 On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.
Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception By David Stevens June 2001 Article, Page 296 The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.
“Compensatory damages” in section 9-102 of the Tort Immunity Act does not include attorney fees against municipalities April 2001 Illinois Law Update, Page 170 On February 16, 2001, the Illinois Supreme Court responded to the question of whether § 9-102 of the Illinois Tort Immunity Act permits the recovery of attorney fees against municipalities within its definition of compensatory damages.
Illinois Supreme Court 2000: The Last Work of the Court as We Knew It By Nancy J. Arnold and Tim Eaton April 2001 Article, Page 174 The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.
Officer’s immunity defense depends on the reasonableness of his conduct February 2001 Illinois Law Update, Page 60 On December 8, 2000, the seventh circuit court of appeals reversed the district court's decision to set aside the jury's verdict in favor of Victor and Tre McNair, two brothers who had instituted a claim of excessive force against Officer Sean Coffey in violation of the Fourth Amendment.
Taxes levied under the Tort Immunity Act cannot be used to fund school district’s attempt to remedy desegregation December 2000 Illinois Law Update, Page 690 On October 26, 2000, the Supreme Court of Illinois affirmed the judgment of the appellate court which held that article IX of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/9-101, et seq.) did not authorize the use of real estate taxes to fund equitable remedies ordered by the court.
Emergency Medical Services Systems Act does not provide immunity to city of Chicago when employees engage in willful and wanton misconduct October 2000 Illinois Law Update, Page 563 On August 10, 2000, the Illinois Supreme Court held that the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/1 through 33 (West 1994)) does not provide immunity to city-employed paramedics who engage in wanton and willful misconduct.
Public and appellate defenders once again granted immunity — P.A. 91-877 September 2000 Illinois Law Update, Page 500 Public and appellate defenders and those who contract for their services are once again immune from legal and professional malpractice claims under a new Illinois law.
County hospital and employees immune from liability for failure to diagnose breast cancer August 2000 Illinois Law Update, Page 438 On June 15, 2000, the Illinois Supreme Court affirmed the lower court's grant of summary judgment to the defendants under the Local Government and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/1-101 et seq. (West 1992)).
Correspondence from Our Readers July 2000 Column, Page 370 Escape Alden restrictions by crossing the border?  
States may not be sued under ADA in private action in federal court June 2000 Illinois Law Update, Page 310 On March 27, 2000, a divided panel of the seventh circuit court of appeals held that a university employee could not maintain a private cause of action against her state employer to enforce the Americans with Disabilities Act, 42 USC § 12111-12117 (ADA).
Correspondence from Our Readers May 2000 Column, Page 246 Flood-of-PD-lawsuits prediction all wet?
States as Defendants in Employment Litigation: Beyond Alden v Maine By James P. Hanlon and James J. Powers May 2000 Article, Page 280 The authors discuss how Alden—which holds that Congress can't subject states to private suits for money damages in state court—may affect future employment ligitation.
The Lawyer’s Journal By Bonnie C. McGrath March 2000 Column, Page 124 Public defenders and legal malpractice; lawyers can commit UPL; and more.
Defendant who permitted recreational public use of its lands owed no duty of care February 2000 Illinois Law Update, Page 68 On December 2, 1999, the Illinois Supreme Court affirmed the appellate court’s holding that Universities Research Association, Inc., was not liable for injuries suffered by plaintiff Donald Fraser.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
In malpractice action against local governmental entities, one-year limitation period of Tort Immunity Act applies December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court that the one-year limitation period in the Tort Immunity Act (745 ILCS 10/8-101 et seq (West 1996)).
Recreational Property and Injuries: “Playing” with Governmental Tort Immunity By W. Bradley Colwell December 1999 Article, Page 654 The trend, according to this author, is to expand the range of property deemed recreational and thus to expand immunity.
The Lawyer’s Journal By Bonnie McGrath October 1999 Column, Page 514 Insurance policies and the discovery rule; read the fine print.
Governmental Tort Immunity Narrowed by Expansion of ``Willfull and Wanton Conduct” Exception; PA 90-805 March 1999 Illinois Law Update, Page 130 Public Act 90-805 broadens the "willful and wanton conduct'' exception to the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq (1998).