Publications

Illinois Bar Journal
Articles on Settlements

Settlement agreements only rescinded by substantial non-performance or material breach November 2005 Illinois Law Update, Page 564 On August 18, 2005, the Illinois Appellate Court, First District,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 appealing By Helen W. Gunnarsson February 2005 Lawpulse, Page 62 On 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 2004 Allerton House Conference: Balancing Economy, Efficiency, and Fairness By Jeffrey A. Parness November 2004 Article, Page 590 This year's conference addressed court funding, litigation expenses, settlement talks, and more.
The Downsizing, then Supersizing of Medicare’s Super Lien By Fred Johnson January 2004 Article, Page 40 A 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.
Avoiding the Medicare Trap: Workers’ Comp and Medicare Secondary-Payer Regs By Brad E. Bleakney, B December 2003 Article, Page 604 Drafters of settlement agreements beware: you must account for Medicare's lien.
The Structured Settlement Protection Act helps judges say “no” By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 Some 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. Gunnarsson September 2003 Lawpulse, Page 430 According 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 implemented July 2003 Illinois Law Update, Page 332 The 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.
Consideration for binding contract exists where plaintiff accepted settlement offer after summary judgment awarded to defendant; no condition of termination implied into settlement offer June 2003 Illinois Law Update, Page 280 On March 10, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting the defendant's motion for summary judgment.
Insurer must maintain “proof mailing” when notifying insured of exclusion for injuries sustained related to lead poisoning and settlement between landlord and tenant may be valid, if reasonable, when landlord assigned its rights to tenant under insurance policy April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.
Correspondence from Our Readers March 2003 Column, Page 106 More on file retention.
Illinois Judges Speak Out on Settlement Conferences By Mark S. Mathewson November 2002 Article, Page 604 Six judges from around the state describe their approach to pre-trial settlement conferences.
Tax Consequences of Settlement in Employment Litigation By Nile J. Williamson May 2002 Article, Page 263 Lawyers should allocate settlement proceeds so their clients can avoid tax—but sometimes it's easier said than done.
Avoiding settlement surprises By Helen W. Gunnarsson January 2002 Lawpulse, Page 10 What do you do to keep a settlement from unraveling? And what do you do when it unravels despite your best efforts? Seasoned negotiators offer advice.
Primary Insurers’ Duty to Exercise Good Faith Toward Excess-Insurance Carriers By Beth Boggs and Daniel McLaughlin January 2002 Article, Page 18 A review of primary insurers' obligations to excess-insurance carriers in settlement negotiations.
Law clarifies division of stock options in dissolution of marriage cases P.A. 92-306 November 2001 Illinois Law Update, Page 568 In August, Gov. Ryan signed into law Senate Bill 433, which amends the Illinois Marriage and Dissolution of Marriage Act to clarify the current uncertainty about division and evaluation of stock options in dissolution of marriage cases.
Correspondence from Our Readers September 2001 Column, Page 446 In defense of the common fund doctrine.
Using Federal Rule 68 to Spur Settlement By Ian H. Fisher March 2001 Article, Page 143 Rule 68 can require plaintiffs to pay defendants' costs for refusing a judgment offer.
Qualified Illinois Domestic Relations Orders: A Retirement System View By Cynthia F. Fain September 2000 Article, Page 533 Remember that QILDROs—not QDROs—apply to Illinois public pension benefits.
Distribution at Divorce of Personal Injury, Workers’ Compensation, and Disability Awards By Debra DiMaggio and Cindy Huang September 1999 Column, Page 494 The authors note that several Illinois courts have distributed awards for strictly personal damage (i.e., pain and suffering) disproportionately to the injured spouse on divorce even when the cause of action arose during marriage.
The Lawyer’s Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
Confronting Breach of a Settlement Agreement By Robert A. Chapman April 1999 Column, Page 217 What do you do when the other side breaches a settlement agreement? This article reviews your alternatives under Illinois law.
The Lawyer’s Journal By Bonnie McGrath February 1999 Column, Page 70 No retaliatory discharge claims for whistle-blowing lawyers...
Settlement Allocations, Set-Offs and the Inequitable Apportionment of Damages By John J. Meehan December 1998 Article, Page 674 Under Illinois law, non-settling defendants can be unfairly deprived of their set-offs, this author asserts.