Applying Other-State Law to Illinois Tort ActionsBy Jacob SawyerDecember 2012Article, Page 652When does the law of, say, New York apply to an Illinois tort lawsuit? Find out the Illinois approach to deciding the question.
Governmental tort immunity for ice and snow on recreational propertyBy Adam W. LaskerDecember 2012Lawpulse, Page 626Plaintiffs can't recover from a local government for injuries caused when they slip on snow and ice on recreational property, the Illinois Supreme Court ruled recently.
Court Approval of Minors' SettlementsBy Hon. Ron SpearsNovember 2012Column, Page 613Should judicial approval be required for even small damage awards for minors?
Insurer's substantial prejudice claim is negated by judgment-proof tortfeasorSeptember 2012Illinois Law Update, Page 464On June 27, 2012, the second district appellate court held as a matter of law that an automobile insurer cannot refuse to pay underinsured motorist ("UIM") coverage to its insured on the grounds that the insured violated a cooperation clause by settling with a judgment-proof tortfeasor.
The Illegal Immigrant as P.I. Plaintiff: Determining Lost WagesBy Douglas A. WolfeJune 2012Article, Page 312Is an undocumented immigrant plaintiff entitled to recover future lost wages at a U.S. rate of pay? No Illinois court of review has decided, but here’s a look at what other jurisdictions are doing and what Illinois might – and should – do.
Unregistered employee leasing company retains protection of exclusive remedy provision of Workers' Compensation ActJanuary 2012Illinois Law Update, Page 16An injured employee cannot recover additional tort damages beyond the exclusive remedy of the Workers' Compensation Act merely because the defendant employee leasing company failed to comply with the registration requirement of the Employee Leasing Company Act, according to the fifth district appellate court.
Retaliatory-discharge claim against town not time-barred by Tort Immunity ActOctober 2011Illinois Law Update, Page 496On 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).
Post-Pueblo: Liability During Administrative DissolutionBy Owen R. Burgh and Terrence J. McConvilleSeptember 2011Column, Page 476LLC members and managers are protected from personal liability even after the LLC is involuntarily dissolved. Here's a call for change.
Using Requests to Admit to Prove Medical ExpensesBy Christ S. StaceySeptember 2011Article, Page 456Plaintiffs use requests to admit to establish the reasonableness of medical bills. A recent appellate case holds that defendants must either admit or deny the request or explain why they can't.
Avoiding Legal Malpractice After Union PlantersBy Matthew S. DionneJune 2011Article, Page 306In Union Planters, the Illinois Appellate Court held that a legal malpractice plaintiff need not prove a "case-within-a-case" in an action arising out of transaction-based legal malpractice.
Sole Proximate Cause: The "Empty Chair" Defense in IllinoisBy Hon. William J. HaddadMarch 2011Article, Page 152Was someone or something other than your client - perhaps someone who isn't a party - the "sole proximate cause" of the plaintiff's injury? Defense lawyers should explore the possibility.
Exceptions to open and obvious danger rule not on point for shopper injured on store propertyFebruary 2011Illinois Law Update, Page 72On December 2, 2010, the Appellate Court of Illinois, Third District, upheld a decision of the Circuit Court of Tazewell County, finding no genuine issue of material fact as to whether the distraction or the deliberate-encounter exception to the open and obvious danger rule applied in the present case.
The preclusive effect of summary suspension hearings in subsequent adjudicationDecember 2010Illinois Law Update, Page 616On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.
Dramshop Act does not block respondeat superior claim for employee drunk drivingNovember 2010Illinois Law Update, Page 564On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.
Failure to appoint an administrator before filing a wrongful-death action is not fatal to the cause of actionSeptember 2010Illinois Law Update, Page 452On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.
See comments from our readers.September 2010Column, Page 442Exception for commercial fraud not warranted; Two exceptions to the doctrine of election
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.
A murder conviction is no longer needed for application of the "slayer statute"July 2010Illinois Law Update, Page 348On April 29, 2010, the Appellate Court of Illinois, Fourth District, upheld a decision of the Circuit Court of Macon County finding that the "slayer statute" prevents an individual deemed insane for criminal purposes, but nevertheless cognizant of murdering a person, from receiving any property, benefit or other interest he may have received by a death he caused.
