Publications

Illinois Bar Journal
Articles on Tort Law

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.
Maintaining the proper alignment and surface of sidewalks is a non-delegable duty of the municipality, not the abutting landowner September 2001 Illinois Law Update, Page 454 On July 13, 2001, the Appellate Court of Illinois, Third District, affirmed the circuit court's order dismissing third-party defendant, Ryan Rowe.
Illinois Constitution prohibits insertion of "corrupt or malicious motives" exception into the Tort Immunity Act August 2001 Illinois Law Update, Page 398 On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.
The Moorman Doctrine Today: A Look at Illinois' Economic-Loss Rule By Hon. Sheldon Gardner and Matthew Sheynes August 2001 Article, Page 406 The doctrine, which precludes tort recovery for purely economic damages, was supposed to reduce the tension between contract and tort law. But has it?
A Moorman-Doctrine Exception for Design Professionals and Construction Managers? By Peter J. Bedard August 2001 Article, Page 412 Has the Illinois Appellate Court opened the door to one? Maybe.
The Lawyer's Journal By Bonnie C. McGrath July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.
No independent cause of action exists in tort for breach of duty of good faith and fair dealing or for tortious interference with business advantage July 2001 Illinois Law Update, Page 342 On May 24, 2001, the Illinois Supreme Court reversed the appellate court and held that no independent cause of action exists in tort for an alleged breach of an implied duty of good faith and fair dealing arising from a contract.
Court declines to impose social-host liability for alcohol-related death June 2001 Illinois Law Update, Page 286 On March 30, 2001, the Appellate Court of Illinois, First District, affirmed the lower court's finding that alcohol-related liability, including social-host liability, has been preempted by the passage of the Dramshop Act.
The Lawyer's Journal By Bonnie C. McGrath June 2001 Column, Page 282 Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.
Participation in race indicates assent to be bound by terms of release June 2001 Illinois Law Update, Page 286 On March 30, 2001, the seventh circuit affirmed the lower court's finding that a go-kart racer could be held to the terms of a release form which defendants could not produce.
Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception By David Stevens June 2001 Article, Page 296 The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.
Section 2-109 of the Code of Civil Procedure does not violate the special legislation or equal protection clauses of the Illinois Constitution June 2001 Illinois Law Update, Page 286 On April 19, 2001, the Illinois Supreme Court reversed the circuit court's holding that § 2-109 of the Code of Civil Procedure violated the special legislation clause, Ill Const Art IV, § 13, and the right to equal protection, Ill Const Art I, § 2, guaranteed by the Illinois Constitution.
Goodbye to the "Same-Part-of-the-Body" Rule By Saul Ferris May 2001 Article, Page 261 A post-mortem of the Voykin case, which abrogated the rule.
Tort of retaliatory discharge does not extend to demotion March 2001 Illinois Law Update, Page 116 On December 29, 2000, the First District of the Appellate Court of Illinois held that the plaintiff employee's alleged demotion did not constitute "discharge" as required of a retaliatory discharge claim, and that Illinois does not recognize a cause of action for retaliatory demotion.
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