Federal Boat Safety Act impliedly preempts failure-to-install claimNovember 2001Illinois Law Update, Page 568On 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.
Tort of retaliatory discharge does not extend to demotionMarch 2001Illinois Law Update, Page 116On 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.
Officer’s immunity defense depends on the reasonableness of his conductFebruary 2001Illinois Law Update, Page 60On December 8, 2000, the seventh circuit court of appeals reversed the district court's decision to set aside the jury's verdict in favor of Victor and Tre McNair, two brothers who had instituted a claim of excessive force against Officer Sean Coffey in violation of the Fourth Amendment.
The Lawyer’s JournalBy Bonnie C. McGrathAugust 2000Column, Page 434You still have the right to remain silent; UPL and in-house counsel; and more.
Drawing the Boundaries of Negligent-Hiring ClaimsBy Jeffrey A. Blevins and Gregory J. SchroedterJuly 2000Article, Page 413The first district recently held that negligent-hiring plaintiffs must show a nexus between the harm they suffered and the defendant's breach.
There must be common liability between the parties in a contribution claimJuly 2000Illinois Law Update, Page 380On May 18, 2000, the Illinois Supreme Court reversed the appellate court's decision by dismissing a fourth-party complaint for contribution that was based solely on contractual liability when the fourth-party defendants were not parties to the contract in dispute.