Illinois Bar Journal

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Articles on Tort Law

Negligent Spoliation in the Wake of Jones v O’Brien Tire and Battery By Shane M. Carnine September 2008 Article, Page 470 A recent appellate case arguably changes the requirements for a spoliation claim.
Clarifying the collateral source rule By Helen W. Gunnarsson August 2008 LawPulse, Page 384 The 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.  
Dog Bites Man: Liability for Dog Attacks Under the Animal Control Act By April Pruitt-Summers August 2008 Article, Page 408 The Illinois Animal Control Act eliminates the "one bite" rule and makes other changes to the common law of dog attacks.
Supremes: the Best approach to tort reform survives By Helen W. Gunnarsson August 2008 LawPulse, 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 care By Helen W. Gunnarsson July 2008 LawPulse, Page 334 The 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 business By Helen W. Gunnarsson June 2008 LawPulse, Page 278 Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.
No discretionary immunity for retaliatory discharge of employee June 2008 Illinois Law Update, Page 284 On 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 health By Helen W. Gunnarsson June 2008 LawPulse, Page 278 If 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.
Sexual injury limitation period amended. PA 095-0589 May 2008 Illinois Law Update, Page 236 The Code of Civil Procedure has been amended by the addition of section 13-202.3. 735 ILCS 5/13-202.3. 
Use of Leased Land Act. PA 095-0603 April 2008 Illinois Law Update, Page 180 The General Assembly has created the State of Illinois Recreational Use of Leased Land Act. 
Successor Liability in Illinois By George W. Kuney March 2008 Article, Page 148 Find 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 holds By Helen W. Gunnarsson November 2007 LawPulse, Page 570 The 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 case August 2007 Illinois Law Update, Page 404 On 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.
Amendments to damages law for wrongful death suits. PA 095-0003 August 2007 Illinois Law Update, Page 404 The Illinois General Assembly has amended Section 2 of the Wrongful Death Act, 740 ILCS 80/2. 
Judicial estoppel not applied to change in legal conclusion August 2007 Illinois Law Update, Page 404 On 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 cases By Helen W. Gunnarsson August 2007 LawPulse, Page 398 Illinois 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 Answered July 2007 Column, Page 375 Can small p.i. firms compete with bigger ones?
Helping Business Owners Avoid Personal Liability By Markus May June 2007 Article, Page 310 A recent case describes how business owners should run their companies as separate entities to avoid being held personally liable.
Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings By James T. Nyeste May 2007 Article, Page 244 Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 
The Learned Intermediary Doctrine and Pharmaceutical Company Liability By Stephen R. Kaufmann and Jason D. Johnson April 2007 Article, Page 202 The learned intermediary doctrine is strong armor against liability for pharmaceutical companies. But it's not without chinks.
No governmental immunity for hazardous recreational activity By Helen W. Gunnarsson April 2007 LawPulse, Page 170 The tort immunity act offers no blanket immunity for trampolining and other hazardous recreational activities, the high court rules.
Parent companies more vulnerable to suit for subsidiaries’ torts By Helen W. Gunnarsson April 2007 LawPulse, Page 170 Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.
Supremes - the risk-utility test applies despite open, obvious dangers By Helen W. Gunnarsson April 2007 LawPulse, Page 170 In a victory for consumers, the Illinois Supreme Court upheld the use of the "risk-utility" test in a product liability suit based on an item with open and obvious dangers.
Hospital not liable for off-duty worker’s disclosure of patient info By Helen W. Gunnarsson March 2007 LawPulse, Page 118 The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.
“Innocent construction” libel rule - still standing but battered By Helen W. Gunnarsson March 2007 LawPulse, Page 118 The Illinois Supreme Court refused to abandon the rule in Tuite v Corbitt but overturned the trial and appellate courts who applied it in dismissing the plaintiff's case.
Land Surveyor Liability to Third Parties in Illinois By Richard F. Bales March 2007 Article, Page 136 The land surveyor made a mistake - what are the damages? The defenses? Who can recover? This article explores those questions from the plaintiffs' and defense perspectives.
State Law Tort Claims - A New Weapon in Employment Discrimination Cases? By Eugene K. Hollander March 2007 Article, Page 146 A recent seventh circuit case bucked convention and allowed a state tort claim in an employment discrimination action.
The Incredible Expanding/Shrinking Right of Children to Sue “Parents” By Jeffrey J. Kroll and Sean P. Driscoll February 2007 Article, Page 86 Illinois courts are giving immunity to more types of parents on the one hand as they create exceptions to the parental immunity doctrine on the other.
Mass tort personal injury cases generally not suitable for class action February 2007 Illinois Law Update, Page 72 On November 30, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Fifth District, and the Circuit Court of Perry County, both of which improperly certified a class of plaintiffs. 
Insurers and Recovering the Cost of Defending Insureds: Illinois’ Restrictive Approach By Alan J. Brinkmeier and John D. Dalton January 2007 Article, Page 42 The tough Illinois standard could be bad for policyholders as well as insurance companies, these defense lawyers argue.