Publications

Illinois Bar Journal
Articles on Tort Law

Correspondence from Our Readers March 2003 Column, Page 106 More on file retention.
Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.
Maximizing Your Client’s Recovery Under the Federal Tort Claims Act By Thomas A. Kantas February 2003 Article, Page 76 An FTCA provision limits awards to the amount presented in the claim. This article explains how to get the most for your client.
Must Med-Mal Plaintiffs File Section 2-622 Certificates of Merit in Federal Court By Robert P. Vogt February 2003 Article, Page 72 Some courts say yes, some say no. The author argues that certificates of merit should be required in federal court.
Plaintiff’s complaint against firearm manufacturers, distributors and dealers for creation and maintenance of public nuisance states viable cause of action February 2003 Illinois Law Update, Page 62 On November 4, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County dismissing the plaintiff's second amended complaint for failure to state a cause of action.
For claim of intentional infliction of emotional distress against former spouse, specific conduct alleged in complaint must be judged within context of marital setting; continuing-tort theory is applicable in this type of action; boilerplate language in marital settlement agreement only releases parties’ liability for claims specifically listed December 2002 Illinois Law Update, Page 634 On September 18, 2002, the Appellate Court of Illinois, Fifth District, reviewed three certified questions from the circuit court of Jefferson County and remanded the cause for further proceedings.
Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810 December 2002 Illinois Law Update, Page 634 Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.
Recovering Damages for Fetal Pain and Suffering By Barry David and Barth Howard Goldberg December 2002 Article, Page 661 The authors argue that parents are entitled to recover for an unborn child's pain and suffering.
Expert testimony on airbag sensor system admissible if supported by proper foundation November 2002 Illinois Law Update, Page 584 On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.
Local Governmental and Governmental Employees Tort Immunity Act shields school district from liability when shop teacher makes discretionary policy determination involving safety of saw October 2002 Illinois Law Update, Page 512 On August 14, 2002, the Appellate Court of Illinois, Fourth District, affirmed the holding of the circuit court of Vermilion County, and held that the school district was shielded from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Act), 745 ILCS 10/2-201.
Understanding the “Scheme to Defraud” Exception to Promissory Fraud in Illinois By Roger L. Price and Mark L. Johnson October 2002 Article, Page 536 The exception has generated a confusing body of case law; the authors propose a way to reconcile the decisions.
The Tort Immunity Anomaly: Failure to Properly Examine or Diagnose By Michael P. Cogan September 2002 Article, Page 476 The author argues that county health-care employees should not be immunized for failure to properly diagnose -- as opposed to treat -- illness.
Jumping on a trampoline poses open and obvious risks so there is no duty to warn August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, and concluded that it was proper to enter summary judgment on behalf of the defendants in this product liability case.
The Changing Contours of the Illinois Tort of Negligent Misrepresentation By Matthew Sheynes July 2002 Article, Page 362 Since the introduction of the Moorman doctrine, the pleading requirements for negligent misrepresentation have grown complicated. Here's a tour of the new legal landscape.
Learned intermediary doctrine does not apply to relieve pharmacy of duty to warn that the drug prescribed was contraindicated for individuals with patient’s allergies June 2002 Illinois Law Update, Page 288 On March 21, 2002, the Illinois Supreme Court affirmed the judgment of the appellate court in ruling that a pharmacy owed a duty to warn either its customer or her physician that a nonsteroidal anti-inflammatory drug prescribed to her was contraindicated for a person with her allergies and that the learned intermediary doctrine did not apply to relieve a pharmacy of such duty to warn.
Pre- and post-delivery negligence allegations are part of a continuous series of events that meet the requirement for an identity in causes of action to dismiss suit under res judicata June 2002 Illinois Law Update, Page 288 On April 3, 2002, the Appellate Court of Illinois, Second District, concluded that the plaintiff's suit was barred by the doctrine of res judicata because there was an identity of the causes of action in plaintiff's prior and present suits.
Supreme Court Review 2001: Getting to Know the New Court By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan May 2002 Article, Page 236 A look at the first year's output of the newly reconstituted supreme court.
Nonprofit hospital and clinic conducted private sector-type operations and were operated privately, and therefore were not immune from suit under the Tort Immunity Act April 2002 Illinois Law Update, Page 176 On February 7, 2002, the Illinois Supreme Court affirmed the appellate court holding that a nonprofit hospital and nonprofit clinic did not conduct "public business," and therefore, neither one was a "local public entity" under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-206.
Nonprofit hospitals not “public entities” under the Tort Immunity Act By Helen W. Gunnarsson April 2002 Lawpulse, Page 168 According to a recent Illinois Supreme Court ruling, most nonprofit hospitals are not immune from liability under the Tort Immunity Act, and plaintiffs have two years, not one, to bring malpractice suits against them.
Decedent’s survivors can sue gun manufacturers and distributors for public nuisance provided that decedent’s death is “fairly traceable” to the defendants’ conduct March 2002 Illinois Law Update, Page 120 On December 31, 2001, the Appellate Court of Illinois, First District, concluded that the complaint instituted by survivors of decedents killed by guns manufactured or distributed by the defendants stated a cause of action for public nuisance.
The Latest on Liens: An Illinois Tort Lawyer’s Guide By Edward W. McNabola and Kevin E. O’Reilly March 2002 Article, Page 124 Liens can consume clients' recovery and decrease their willingness to settle. Here's a fresh look at the law.
Two-year statute of limitations on intentional infliction of emotional-distress claim tolls from the date of the last incident when the defendant’s conduct is “continuous, by the same actor, and of a similar nature” February 2002 Illinois Law Update, Page 66 The plaintiff appealed the dismissal of her complaint under § 2-619 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-619, on the grounds that all of her claims were for personal injuries and hence barred by the two-year statute of limitations in § 13-202 of the Illinois Code of Civil Procedure, 735 ILCS 5/13-202.
Utility company does not have duty to insulate power lines over public right of way, especially when decedent aware of the risk of metal coming into contact with the lines January 2002 Illinois Law Update, Page 14 On October 23, 2001, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Vermilion County granting summary judgment to Illinois Power in a wrongful death action.
The Contact-Sports Exception Under Illinois Tort Law By Bradley C. Nahrstadt and Matthew D. Kuehl December 2001 Article, Page 640 Voluntary participants in contact sports aren't liable for injuries caused by their negligence;when the exception applies.
School district immune from suit when exercising policymaking decisions under Tort Immunity Act December 2001 Illinois Law Update, Page 624 On October 18, 2001, the Illinois Supreme Court reversed the appellate court, holding that a school district enjoys immunity under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201, when a principal's actions fall under the policymaking provisions of the Act.
A Trial Lawyer’s Introduction to SUV Rollover Claims By Martin J. Healy, Jr. December 2001 Article, Page 646 An overview of rollover litigation from a plaintiff's perspective.
Federal Boat Safety Act impliedly preempts failure-to-install claim November 2001 Illinois Law Update, Page 568 On August 16, 2001, the Illinois Supreme Court affirmed the lower court's holding that while the Federal Boat Safety Act (FBSA), 46 USC § 4301 et seq., does not explicitly preempt state common law causes of action based on a manufacturer's failure to install propeller guards on boat engines, such claims are impliedly preempted.
Correspondence from Our Readers October 2001 Column, Page 506 Moorman memories.  
Correspondence from Our Readers September 2001 Column, Page 446 In defense of the common fund doctrine.
The De Minimus Rule for Premises-Liability Cases By Timothy J. Harris September 2001 Article, Page 485 The rule protecting property owners is being limited by exceptions.