Proving Proximate Cause in Malpractice casesBy Terrence J. Lavin and Kristina M. LauMay 2009Article, Page 254Illinois courts are still struggling to determine the plaintiff's proper burden of proving proximate cause in "lost chance" cases.
Measure of damages to pet may include the cost of veterinary care and treatmentMarch 2009Illinois Law Update, Page 122On December 31, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Logan County awarding damages to the plaintiffs for tortious damage to their dog and modifying the damage award to equal the total costs of veterinary care required.
Scientific Evidence About Grief in Illinois Wrongful Death CasesBy Timothy J. Reuland and Shirley A. MurphyMarch 2009Article, Page 146A 2007 amendment to the Illinois Wrongful Death Act permits recovery for grief. This article discusses the evidence that makes the case for damages.
Understanding Uninsured and Underinsured Motorist ProvisionsBy Helen W. GunnarssonMarch 2009Article, Page 126UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.
Plaintiff failed to prove reliance element of voluntary undertaking theoryFebruary 2009Illinois Law Update, Page 70On December 2, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Rock Island County granting summary judgment for the defendant in a negligence action.
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.
Court upholds, modifies risk-utility test for products liabilityBy Helen W. GunnarssonDecember 2008Lawpulse, Page 606In a recent case, the Illinois Supreme Court upheld - but reformulated - the risk-utility test, while declining to abandon the consumer-expectation test.
Illinois' New Anti-SLAPP StatuteBy Eric M. Madiar and Terrence J. SheahanDecember 2008Article, Page 620The Act should quell libel suits against those who legitimately petition government for redress. But does it also shield those who intentionally defame others?
Appellate court: no wrongful death for embryo before it's implantedBy Helen W. GunnarssonNovember 2008Lawpulse, Page 548 The Illinois Appellate court rules that the Wrongful Death Act does not permit suits on behalf of human embryos allegedly destroyed before being placed in the womb.
The Broad Duty to Protect Patrons from Harm: Marshall v Burger KingBy Courtney Dashiell LorentzOctober 2008Article, Page 524The Illinois Supreme Court ruled that a restaurant owner has a duty to protect its patrons from an out-of-control car. So where does a premises owner's duty to the public end?
Fraudulent Misrepresentation in Illinois Employment CasesBy Richard J. GonzalezSeptember 2008Article, Page 464More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.
Clarifying the collateral source ruleBy Helen W. GunnarssonAugust 2008Lawpulse, Page 384The supreme court rules that plaintiffs can recover the "reasonable value" of their medical expenses, whether they're paid by Medicare, Medicaid, insurance, or another source.
Supremes: the Best approach to tort reform survivesBy Helen W. GunnarssonAugust 2008Lawpulse, Page 384 The supreme court holds that a med-mal plaintiff is entitled to a 90-day extension to file her certificate of merit - and that a 2004 law didn't reenact the version of 2-622 invalidated in Best v Taylor.
A veterinary standard of careBy Helen W. GunnarssonJuly 2008Lawpulse, Page 334The court makes explicit that veterinarians are "skilled" practitioners of a "profession or trade" and thus owe a duty of care.
Fraudulent misrepresentation tort limited to businessBy Helen W. GunnarssonJune 2008Lawpulse, Page 278Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.
No discretionary immunity for retaliatory discharge of employeeJune 2008Illinois Law Update, Page 284On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.
No wrongful death action for abortion to protect mother's healthBy Helen W. GunnarssonJune 2008Lawpulse, Page 278If an injured mother aborts an uninjured fetus to protect her own health, she can't recover for the wrongful death of the unborn child, the Illinois Supreme Court rules.
Use of Leased Land Act. PA 095-0603April 2008Illinois Law Update, Page 180The General Assembly has created the State of Illinois Recreational Use of Leased Land Act.
Successor Liability in IllinoisBy George W. KuneyMarch 2008Article, Page 148Find out when creditors and tort victims can sue the buyer of a business for the debts and torts of the seller.
No duty to warn, Illinois high court holdsBy Helen W. GunnarssonNovember 2007Lawpulse, Page 570The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.
Admitted negligent acts properly presented to jury when relevant and necessary to plaintiff's caseAugust 2007Illinois Law Update, Page 404On June 7, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of Jackson County allowing Michael Rath to present evidence of Carbondale Nursing and Rehabilitation Center's negligence despite the nursing home's admission of certain acts of negligence.
Judicial estoppel not applied to change in legal conclusionAugust 2007Illinois Law Update, Page 404On June 7, 2007, the Illinois Appellate Court, Second District, reversed the Circuit Court of Lake County's grant of summary judgment in favor of defendants Richard Sandore and Associates for Women's Health.
Mental suffering now compensable in wrongful death casesBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.
Asked and AnsweredJuly 2007Column, Page 375Can small p.i. firms compete with bigger ones?
