Publications

Illinois Bar Journal
Articles on Tort Law

The Lawyer's Journal By Bonnie McGrath September 1999 Column, Page 454 "Same part of the body'' rule update.
The Lawyer's Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
Plaintiff must show physical contact or threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers' Liability Act August 1999 Illinois Law Update, Page 406 On June 17, 1999, the Illinois Supreme Court affirmed the appellate court decision that a plaintiff must plead and prove physical contact or a threat of physical contact to recover for intentional infliction of emotional distress under the Federal Employers' Liability Act (FELA).
Retaliatory demotion and constructive retaliatory discharge causes of action not recognized under Illinois law August 1999 Illinois Law Update, Page 406 On June 17, 1999, the first district of the Illinois Appellate Court upheld the trial court's dismissal of plaintiffs' complaint for failure to state a claim on which relief could be granted.
"Same Part of the Body Rule'' Revised: Admissibility of Prior Injuries in PI Cases By Hon. Barbara A. McDonald August 1999 Article, Page 414 A critical look at recent cases modifying the rule that allows admission of prior injuries to the same part of the plaintiff's body.
Exclusion of Damage-Reducing Evidence in Injury Litigation By Roy C. Dripps July 1999 Article, Page 368 Here's how to exclude evidence that would tend to lessen damages if admitted.
The Lawyer's Journal By Bonnie McGrath July 1999 Column, Page 348 Different rulings on the same-part-of-the-body rule.
Maximizing Damages in Soft-Tissue Injury Cases By Jeffrey J. Knoll July 1999 Article, Page 378 Proving damages in soft-tissue cases can be difficult. This article offers tips.
The amendment to the Nursing Home Care Act that repeals the right to treble damages applies retroactively to pending cases. June 1999 Illinois Law Update, Page 304 On April 15, 1999, the Illinois Supreme Court affirmed the appellate court and trial court, and held that the amendment to the Nursing Home Care Act (``Act'') (210 ILCS 45/3-602 (West 1996)) should be applied retroactively to prohibit the recovery of treble damages from a licensee to a facility resident.
The Lawyer's Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster
Monitoring E-mail in the Workplace: Employee Privacy and Employer Liability By Patrice S. Arend and Kathleen M. Holper June 1999 Article, Page 314 A look at issues that arise when employers monitor employee e-mail, and suggestions for developing a workplace e-mail policy.
Bungee-jumping business operating within view of highway owes no duty of care to passing motorists. May 1999 Illinois Law Update, Page 244 On March 19, 1999, the first district affirmed the holding of the Circuit Court of Cook County in this case, holding that the defendant owed no duty of care to passing motorists who may become distracted by the activities of its business.
The Lawyer's Journal By Bonnie McGrath May 1999 Column, Page 238 The high court revisits the single-subject rule.
The Lawyer's Journal By Bonnie McGrath April 1999 Column, Page 186 Offer, acceptance, consideration, and criminal law.
Advising Employers About Wrongful Discharge Under Illinois Contract and Tort Law By David E. Krchak March 1999 Article, Page 160 A primer on wrongful discharge, with an emphasis on employee handbooks and retaliatory discharge.
An attorney discharged by his law firm employer has no remedy of an action for retaliatory discharge March 1999 Illinois Law Update, Page 130 On December 31, 1998, the Illinois Supreme Court reversed the appellate court and circuit court, and answered a certified question by the circuit court, holding that a licensed attorney employed by a law firm cannot maintain a cause of action for retaliatory discharge.
Disclosure of one's credit card debts to a spouse does not satisfy the publicity element essential to an invasion of privacy claim March 1999 Illinois Law Update, Page 130 On January 4, 1999, the first district of the Illinois Appellate Court affirmed the holding of the Circuit Court of Cook County, finding that the plaintiff had not satisfied his invasion of privacy claim.
The Lawyer's Journal By Bonnie McGrath February 1999 Column, Page 70 No retaliatory discharge claims for whistle-blowing lawyers...
Suing Your Pet Iguana: Equitable Apportionment, Indivisible Injury, and Comparative Fault By Gordon R. Broom and Robert J. Evola January 1999 Article, Page 28 The authors lament the confusion caused by courts' applying two conflicting theories of comparative fault: equitable apportionment and indivisible injury.
The Lawyer's Journal By Bonnie McGrath December 1998 Column, Page 658 RICO and privacy and fraud (and family law), oh my!
A railway company does not owe a trespasser a duty of ordinary care, only a duty to refrain from engaging in willful and wanton conduct. December 1998 Illinois Law Update, Page 662 On October 8, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that plaintiff, Charles Reid, was not a permissive user of the railway tracks owned by the defendant, Norfolk & Western Railway Company (N & W).
Settlement Allocations, Set-Offs and the Inequitable Apportionment of Damages By John J. Meehan December 1998 Article, Page 674 Under Illinois law, non-settling defendants can be unfairly deprived of their set-offs, this author asserts.
Attorney's fees appropriately awarded in frivolous traffic accident complaint alleging that the defendant had not taken appropriate preventative actions when stopped at a red light November 1998 Illinois Law Update, Page 596 On September 8, 1998, the second district of the Illinois Appellate Court affirmed the trial court's imposition of sanctions, under Supreme Court Rule 137 (155 Ill 2d R 137), against the appellant, the law firm of Parrillo, Weiss & O'Halloran, for filing a frivolous complaint.
Lawyer Liability in Illinois and the Restatement of the Law Governing Lawyers By Peter A. Monahan and Patricia M. Noonan November 1998 Article, Page 606 Here's how this soon-to-be published Restatement is likely to affect lawyer malpractice liability in Illinois.
Malpractice and the Moorman Doctrine's "Exception of the Month'' By Mark C. Friedlander and Andrea B. Friedlander November 1998 Article, Page 600 The Illinois Supreme Court has found that the economic loss doctrine bars tort malpractice claims against some professionals but not others. But where to draw the line...?
Punitive Damages Under the Illinois Sales Representative Act By Leonard A. Nelson November 1998 Article, Page 622 Courts have misconstrued the ISRA to plaintiffs' detriment, this author argues.
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