Publications

Illinois Bar Journal
Articles on Tort Law

Medical Malpractice and the Tort System in Illinois By Neil Vidmar July 2005 Article, Page 340 According to an ISBA-commissioned report, the increase in doctors' liability insurance premiums apparently has not been caused by runaway juries.
Correspondence from Our Readers June 2005 Column, Page 270 An Impartial Look at Tort Reform?
General Contractors' Liability for Injury to Subcontractors' Workers: A Confusing Construct By G. Grant Dixon III May 2005 Article, Page 248 How much control must general contractors in Illinois exercise over a workplace to make them liable for injuries to a subcontractor's workers? A look at the conflicting cases.
An Honest Look at Tort Reform By Ole Bly Pace III April 2005 Column, Page 160 ISBA has commissioned an unbiased study of the relationship between malpractice litigation and insurance rates.
Proposed Rule 225: Does Illinois Need a New Class-Action Rule? By Michael B. Hyman, Carol V. Gilden, Melinda J. Morales, Adam J. Levitt, Michael A. Pope, and Steven F. Pflaum April 2005 Article, Page 202 Proponents say Rule 225 would stop class-action abuse; Opponents say it isn't needed.  
Maximizing Punitive Damages after BMW and State Farm: A Trial Lawyer's Guide By Peter S. Stamatis and Alexander T. Muhtaris March 2005 Article, Page 112 Despite rumors to the contrary, the U.S. Supreme Court has not ruled punitive damages unconstitutional. Here's how to make the most of your cases.
Hospital and HMO Liability for Contract Physician Malpractice: An Update By Robert J. Napleton February 2005 Article, Page 88 This article offers a trial lawyers' perspective on how the apparent agency doctrine has evolved since Gilbert v Sycamore Municipal Hospital
One-year limitation period in Tort Immunity Act applies to personal injury actions against local public entities February 2005 Illinois Law Update, Page 68 On November 18, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's dismissal of the plaintiff's personal injury action. 
Apportioning Liability in Third-Party Cases: Recent Issues By Elliot R. Schiff January 2005 Article, Page 38 The author recommends that nonparties, settling defendants, and plaintiffs not be considered when apportioning liability.
Challenging the Medical Studies Act's Peer-Review Privilege By Judy L. Cates November 2004 Article, Page 582 A plaintiff's-eye view of this important limit on discovery in med-mal cases.
Clients not liable for lawyers' intentional torts By Helen W. Gunnarsson October 2004 Lawpulse, Page 508 The Illinois Supreme Court holds that clients are not liable for lawyers' intentional torts unless they authorized, directed, or ratified the lawyers' conduct.
Legal protection for mothers who breastfeed P.A. 093-0942 October 2004 Illinois Law Update, Page 514 A mother now has a private right of action if she is denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship.
Using No-Reliance Clauses to Prevent Fraud-in-the-Inducement Claims By Joseph Wylie October 2004 Article, Page 536 Plaintiffs are using fraud-in-the-inducement theory to turn breach-of-contract allegations into tort claims. A new case gives defendants a way to fight back.
Defendants liable for undiscounted hospital bills, appellate court rules By Helen W. Gunnarsson August 2004 Lawpulse, Page 390 The third district appellate court ruled early this year that a plaintiff is entitled to the amount of a hospital's undiscounted bill, not a lower amount negotiated by the plaintiff's insurance carrier.
For purposes of imposing vicarious liability, unless it can be shown that a client directed, controlled, authorized, or ratified the alleged misconduct, an attorney's alleged tortious conduct may not be imputed to a client August 2004 Illinois Law Update, Page 398 On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the defendants. 
Injuries sustained by the plaintiff, a passenger in a private vehicle that was struck by an intoxicated driver as it sped through a red light on its way to the hospital, were not proximately caused by the city's refusal to send an ambulance August 2004 Illinois Law Update, Page 398 On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the City of Chicago.
The Open and Obvious Doctrine and Landowner Liability: The Rule and the Exceptions By Jennifer E. Simms July 2004 Article, Page 352 A discussion of the doctrine, its exception, and its applicability to children.
Dawdy and the Future of Intrastate Forum Non Conveniens in Illinois By Jill E. Adams May 2004 Article, Page 246 In Dawdy, the court ruled that a "forum shopping" paintiff deserves little deference. Will the decision lead to a rise in forum non conveniens litigation?
Defendant was not required to introduce her own expert witness regarding the relationship of the plaintiff's prior injuries to the automobile collision because she was able to establish the same from cross-examination of the plaintiff's experts, obviating the need for further expert testimony May 2004 Illinois Law Update, Page 242 On January 30, 2004, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Lake County admitting evidence of a motorist's prior injuries without expert testimony regarding causation of the prior injuries. 
Mechanics Liens and Slander of Title: The Case for Absolute Privilege By Michael G. Cortina May 2004 Article, Page 267 The author argues that mechanics-lien filers are protected from slander of title claims by the privilege for statements made during litigation.
Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured's lack of knowledge and consent to the policy April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.
Parent may not claim loss of consortium damages for a child's nonfatal injuries April 2004 Illinois Law Update, Page 176 On January 23, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' dismissal of Count III of the plaintiffs' complaint. 
Application of the audit interference doctrine in the accounting malpractice context is consistent with general tort principles and Illinois common law. March 2004 Illinois Law Update, Page 124 On December 18, 2003, the Illinois Supreme Court affirmed the trial and appellate courts' application of the "audit interference" doctrine, limiting consideration of the plaintiff's comparative negligence to instances in which it contributed to the accountant's failure to properly perform an audit. 
Life after "Same Part of the Body": An Update on Admissibility of Prior Injuries By Joseph G. Feehan March 2004 Article, Page 146 A review of recent case law governing admissibility of prior and subsequent medical conditions in injury cases.
"Sunshine in Litigation" Legislation: Boon or Bane? By Martin J. Healy Jr. and David P. Huber March 2004 Article, Page 138 Proponents argue that the "sunshine" proposal before the General Assembly promotes public safety, while opponents charge that it puts trade secrets at risk.
There is Ample Sunshine Already By Gregory C. Ray March 2004 Article, Page 139 The Illinois House has passed, and the Senate is considering, a bill that would limit the power of the parties and the court to bar access to information in litigation involving "public hazards." 
The Downsizing, then Supersizing of Medicare's Super Lien By Fred Johnson January 2004 Article, Page 40 A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.
New law makes it easier to investigate workplace misconduct By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 Employers are no longer required to get an alleged wrongdoer's consent to hire an outside firm to conduct an investigation of alleged misconduct on the job.
Posner to hoteliers: don't let the bedbugs bite By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 A leading conservative jurist makes a statement about punitive damages and pest control.
Website is immune from suit for defamation where it only posts links to information published by third parties. January 2004 Illinois Law Update, Page 16 On October 28, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County dismissing the plaintiff's defamation complaint.
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