Section Newsletters

Articles on Tort Law

Supervision immunity is no longer absolute By Darcy L. Proctor Tort Law, September 2000 For many years, governments have enjoyed absolute immunity for the failure to supervise an activity on public property.
When can a party that is not a liquor licensee be liable under the Dramshop Act? By Kevin E. O’Reilly Tort Law, September 2000 Recently the Third District ruled that a land trustee could not be held liable to an injured party under the Dramshop Act. 235 ILCS 5/6-21(a). Kulikowski v. Larson, 305 Ill. App. 3d 110, 710 N.E.2d 1275, 238 Ill. Dec. 173 (3rd Dist. 1999).
Admissibility of board certification By Karen McNulty Enright Tort Law, June 2000 In medical malpractice cases we frequently find ourselves asking a physician whether or not they are board certified.
Are names and addresses of patient-witnesses discoverable? First District says yes By Monica E. McFadden Tort Law, June 2000 The discoverability of the names and addresses of patient-witnesses is frequently an issue, particularly in medical negligence and iatrogenic injury cases.
Seventh Circuit decision trumps Federal Rule of Civil Procedure Tort Law, June 2000 Under Federal Rule of Civil Procedure 30(e), a deponent has a right to make changes to his deposition testimony in form or substance.
HMO liability and the fiduciary duty of physicians By Daniel P. Wurl Tort Law, May 2000 There has been a flurry of recent decisions by the appellate courts involving important issues relating to health maintenance organizations (HMOs) and the physicians who treat patients in HMOs in which the physicians have an ownership interest.
Cammon v. West Suburban Hospital Medical Center: The First District addresses the Relation Back Doctrine, the requirements of §2-0622, and the Statute of Limitations in spoliation of evidence cases By Scott D. Lane & Joseph M. Dooley, III Tort Law, March 2000 On November 25, 1998, the First District rendered its decision in Cammon v. West Suburban Hospital Medical Center, 235 Ill.Dec. 158, 704 N.E.2d 731 (1998).
Using focus groups to prepare for trial By Jeffrey J. Kroll Tort Law, March 2000 A focus group is typically composed of twelve individuals who are brought together for two to four hours to watch a short presentation of the case and discuss the various issues raised.
Beware the empty chair By Terrence J. Lavin Tort Law, December 1999 One of the most troubling aspects of trying malpractice cases on behalf of injured patients is the specter of what is commonly known as the "empty chair defense."
C.T.A. passengers, look before you leap! An overview of liability in tort concerning bus riders. By Edna Turkington-Viktora General Practice, Solo, and Small Firm, October 1999 The Illinois Constitution of 1970 abolished sovereign immunity in Illinois, permitting a local governmental unit's liability in tort "except as the General Assembly may provide by law."
Defective six-month notices will no longer bar actions against the CTA By Charles R. Winkler Tort Law, January 1999 In the April 1994 issue of Tort Trends, my article "It's time to say good-bye to the six-month CTA notice requirement" concluded with, "The time has come to repeal the notice requirement of the Metropolitan Transit Authority Act."
The Fifth District instructs that firing for dispute over extent or duration of workers’ compensation injury equals summary judgment on retaliatory discharge By Monica E. McFadden Tort Law, January 1999 Generally Illinois, as do other states, operates under the "at-will employment rule."
Finding insurance coverage: You need to know how to look By Jill B. Berkley Tort Law, January 1999 When facing catastrophic loss, corporate America and tort plaintiffs have a common goal – secure the benefit of an insurance policy.
High-low deals: In vogue or in trouble? By Jeffrey J. Kroll Tort Law, January 1999 Not long ago, settling a case was pretty simple. The parties would agree on a value and the case would settle.

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