Evidence is insufficient to prove negligence if the conclusion is merely possibleJune 2009Illinois Law Update, Page 284On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.
Victory for defendants in asbestos caseBy Helen W. GunnarssonJune 2009Lawpulse, Page 278The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.
Absolute immunity applies to protect police officers from tort liabilityMay 2009Illinois Law Update, Page 226On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).
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.
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.
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?
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.
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.
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.