Publications

Illinois Bar Journal
Articles on Tort Law

Avoiding Legal Malpractice After Union Planters By Matthew S. Dionne June 2011 Article, Page 306 In 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.  
Good Samaritans at building evacuation scenes not subject to civil liability absent willful and wanton misconduct. PA 096-1169 May 2011 Illinois Law Update, Page 228 Illinois lawmakers have amended the Good Samaritan Act to exempt from civil liability persons who provide free emergency care at building evacuation scenes. (745 ILCS 49/71 new).
Punitive damage claims do not survive the death of nursing home residents By Helen W. Gunnarsson May 2011 Lawpulse, Page 222 Because the Nursing Home Care Act does not provide otherwise, punitive damage claims die along with the resident, the Illinois Supreme Court rules.
Sole Proximate Cause: The “Empty Chair” Defense in Illinois By Hon. William J. Haddad March 2011 Article, Page 152 Was 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 property February 2011 Illinois Law Update, Page 72  On 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 adjudication December 2010 Illinois Law Update, Page 616 On 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.
Unhappy SLAPPers: more muscle for the Citizen Participation Act By Helen W. Gunnarsson December 2010 Lawpulse, Page 610 The Illinois Supreme Court held that the Act immunized a defamation defendant's statements to a reporter about a developer.
Dramshop Act does not block respondeat superior claim for employee drunk driving November 2010 Illinois Law Update, Page 564 On 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.
“They’re Bad-Mouthing the Business”: Suing for Defamation and Related Claims on Behalf of a Corporation and its Officers By Joseph J. Siprut October 2010 Article, Page 528 Your business client wants you to respond to lies told by competitors or others. What now? This article reviews the options.
Failure to appoint an administrator before filing a wrongful-death action is not fatal to the cause of action September 2010 Illinois Law Update, Page 452 On 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 2010 Column, Page 442 Exception for commercial fraud not warranted; Two exceptions to the doctrine of election
Getting What’s Due: Prejudgment Interest in Illinois By Adam N. Hirsch August 2010 Article, Page 412 The 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 2010 Illinois Law Update, Page 348 On 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.
Any settlement between a plaintiff and a defendant/ agent must also extinguish the principal’s vicarious liability June 2010 Illinois Law Update, Page 292 On 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.
The Case for a Narrow Commercial Fraud Exception to the Moorman Doctrine By Travis J. Quick June 2010 Article, Page 318 Society is best served by requiring the parties - typically sophisticated business buyers and sellers - to bargain for contract protection, the author argues.
Illinois Interscholastic Association protected from defamation claims. PA 096-0723 June 2010 Illinois Law Update, Page 292 Illinois lawmakers passed a bill protecting Interscholastic Associations from certain civil liabilities. According to the Interscholastic Association Defamation Act, associations with the purpose of "promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics" are immune from defamation claims, with the exception of claims involving actual malice.
Judicial Versus Legislative Authority after Lebron By Professor Jeffrey A. Parness June 2010 Column, Page 324 The med-mal caps ruling continues the age-old battle over separation of powers.
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 common-fund doctrine applies to hospital liens May 2010 Illinois Law Update, Page 236 On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.
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.
Sports Injuries: High Liability Standard for Nonparticipants By Ray Rossi April 2010 Article, Page 200 In Illinois, nonparticipants (e.g., coaches and refs) in sporting events who cause injuries are liable only if their misconduct is at least willful and wanton.
Analyzing Occurrences in Insurance Coverage Cases: The Cause Theory After Addison v Fay By Ross B. Edwards March 2010 Article, Page 152 When does an incident involving multiple parts or parties constitute only a single "occurrence" for insurance-coverage purposes? Read what the Illinois Supreme Court said recently.
Clarifications made to the contact sports exception to negligence claims March 2010 Illinois Law Update, Page 128 On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.
Illinois Supreme Court: statutory med-mal caps are unconstitutional By Helen W. Gunnarsson March 2010 Lawpulse, Page 122 By overriding juries' findings and judicial oversight over them, the caps law violated the separation of powers, the court ruled.
Tort Law Resources for Illinois Practitioners By Tom Gaylord March 2010 Column, Page 156 Illinois tort law gets the full treatment in secondary sources.
Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims February 2010 Illinois Law Update, Page 72 On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.
Federal courts have jurisdiction over legal malpractice claims in patent infringement cases January 2010 Illinois Law Update, Page 16 On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 
Medicare and Future Medical Expenses: Does the “Super Lien” Apply? By Bradford J. Peterson January 2010 Article, Page 26 It'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.
Defendants may owe a duty of care to a child injured on a treadmill December 2009 Illinois Law Update, Page 604 On September 30, 2009, the Illinois Appellate Court, First District, reversed and remanded the order of the Circuit Court of Cook County, granting summary judgment in favor of the defendants, holding that a genuine issue of material fact existed as to whether a treadmill poses an open and obvious danger to a child.
Daniels v Corrigan: Compliance with the law Does not establish agency By Justin Lee Heather November 2009 Article, Page 580 This article analyzes the first district's rejection of a plaintiff's assertion that a cab driver was the agent of the cab company.