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.
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.
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.
Illinois Interscholastic Association protected from defamation claims. PA 096-0723June 2010Illinois Law Update, Page 292Illinois 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.
The common-fund doctrine applies to hospital liensMay 2010Illinois Law Update, Page 236On 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.
Clarifications made to the contact sports exception to negligence claimsMarch 2010Illinois Law Update, Page 128On 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.
Federal courts have jurisdiction over legal malpractice claims in patent infringement casesJanuary 2010Illinois Law Update, Page 16On 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.
Defendants may owe a duty of care to a child injured on a treadmillDecember 2009Illinois Law Update, Page 604On 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.