Any settlement between a plaintiff and a defendant/ agent must also extinguish the principal's vicarious liabilityJune 2010Illinois Law Update, Page 292On March 19, 2010, the Appellate Court of Illinois, First District, affirmed the decision of the Circuit Court of Cook County, granting the defendant's motion to dismiss an entire action stemming from a car accident, on the basis that the settlement between the plaintiff and the agent extinguished the alleged vicarious liability claims against the other named defendant.
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.
Correspondence from Our ReadersOctober 2009Column, Page 486Dressing for distress - nylons and sandals; Settlement agreements: do the release first.
Plaintiffs win big in ReadyBy Helen W. GunnarssonFebruary 2009Lawpulse, Page 64 The supreme court holds that good-faith settling tortfeasors can't be included in apportioning fault after verdicts to determine joint and several liability.
Two-Tiered Billing in Illinois Divorce Cases - a CritiqueBy James H. FeldmanSeptember 2008Article, Page 452Illinois divorce lawyers typically charge a higher hourly rate for court than for office time. It's time that changed, the author argues
Court affirms that ex-wife entitled to her percentage share of disability benefitsAugust 2008Illinois Law Update, Page 390On May 28, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Peoria County denying petitioner's request for attorney fees and granting petitioner's rule to show cause and to enforce judgment.
Does your order of dismissal do the job?By Helen W. GunnarssonJuly 2007Lawpulse, Page 342Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.
Evidence of settling defendants' culpability admissible for apportionment of faultNovember 2006Illinois Law Update, Page 584On August 23, 2006, the Illinois Appellate Court, First District, affirmed in part, reversed in part, and remanded for a retrial where the Circuit Court of Cook County held that settling defendants to a personal injury action were not to be considered during the jury's apportionment of fault.
Playing the Rule 68 cardBy Helen W. GunnarssonMay 2006Lawpulse, Page 222FRCP 68 can encourage settlement, but it also confronts counsel for plaintiffs and defendants with some high-stakes challenges.
Making the Most of Settlement ConferencesBy Helen W. GunnarssonApril 2006Article, Page 178Judges and lawyers discuss how to avoid costly mistakes and best promote your clients' interests in judge-conducted settlement conferences.
Danger lurks in p.i. confidentiality clausesBy Helen W. GunnarssonMarch 2006Lawpulse, Page 110A recent case – involving none other than Dennis Rodman – holds that plaintiffs must pay tax on the portion of a settlement award deemed payment to a p.i. client for his or her silence.
Tax Issues in Employment Discrimination SettlementsBy Ralph A. Morris and Heather R.M. BeckerDecember 2005Article, Page 638Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.
Settlement agreements only rescinded by substantial non-performance or material breachNovember 2005Illinois Law Update, Page 564On August 18, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County denying the plaintiff's motion to reconsider the trial court's decision to vacate a previous judgment.
Making settlement appealingBy Helen W. GunnarssonFebruary 2005Lawpulse, Page 62On appeal, opponents rarely meet face to face and thus have little opportunity to explore settlement. A new program seeks to make settling easier at the appellate level.
The Downsizing, then Supersizing of Medicare's Super LienBy Fred JohnsonJanuary 2004Article, Page 40A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.
The Structured Settlement Protection Act helps judges say "no"By Helen W. GunnarssonNovember 2003Lawpulse, Page 544Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.
Will Ozik inspire more p.i. settlements?By Helen W. GunnarssonSeptember 2003Lawpulse, Page 430According to plaintiffs' lawyers, a recent appellate court ruling means that more defendants will be found jointly, rather than just severally, liable. And that could make them more willing to settle.
Tobacco Product Manufacturers' Escrow Enforcement Act implementedJuly 2003Illinois Law Update, Page 332The Illinois Office of the Attorney General recently adopted new administrative regulations related to the enforcement of the Tobacco Product Manufacturers' Escrow Act, 30 ILCS 168, and Tobacco Product Manufacturers' Escrow Enforcement Act, 30 ILCS 169.
