The newsletter of the ISBA’s Section on Tort Law
Browse articles by year: 2014 (9)
Newsletter articles from 2006
This article is intended as an update based on some recent cases regarding contribution. One area which is always a source of confusion is whether or not a party can include a settling defendant on the verdict form pursuant to 735 ILCS 5/2-1117.
The first article of this edition, written by Mark Karno, discusses the Seventh Circuit’s Jury Trial Project. Mr. Karno provides an explanation of the project and his personal experience in a trial conducted pursuant to the project’s guidelines.
In the first article of this edition, written by Kevin Veugeler, the author addresses the use of a request to admit to establish the necessity and reasonableness of a medical bill in light of the 5th District’s opinion in Szczeblewski v. Gosset.
In the first article of this edition, Judge Laninya A. Cason, Associate Circuit Judge, 20th Judicial Circuit, St. Clair County, addresses the merits of Senate Bill 475, which among other things, caps non-economic damages in medical malpractice litigation.
In the first article is authored by Jerrold R. Beger, of Jerrold R. Beger & Associates, Ltd., in Rockford, Illinois. Mr. Beger discusses the Illinois Supreme Court’s decisions in Nichol v. Stass and Wallace v. Smith dealing with the application of the parent child immunity doctrine.
In the first article of this edition, Jim Ginzkey of Hayes, Hammer, Miles, Cox & Ginzkey, looks at the ever-evolving definition of “healing art malpractice.”
Informed consent for lawyers
When a settlement or judgment in a personal injury action is paid in whole or in part by periodic payments, that is called a structured settlement.
Senate Bill 475—Cause for concern or self-generated crisis?
On August 25, 2005, at St. Anthony’s Hospital in Alton, Illinois, Governor Rod Blagojevich signed into law, Senate Bill 475 (SB475) which, among other things, effectively places statutory limitations (caps) on noneconomic damages (e.g., pain and suffering) for plaintiffs who file lawsuits against physicians and hospitals.
Substitution of judge as of right
In Aussieker v. The City of Bloomington, the Fourth District Appellate Court addressed the issue of whether each individually named plaintiff in a multiple party lawsuit is entitled to one motion for substitution of judge as of right pursuant to section 2-1001(a)(2) of the Code of Civil Procedure, as opposed to one substitution for the group of plaintiffs as a whole.
What is “healing art malpractice”?
A recent case out of the First District Appellate Court once again raises the question: what is “healing art malpractice”? In Jackson v. Chicago Classic Janitorial and Cleaning Service, 355 Ill.App.3d 906, 291 Ill.Dec. 469 (1st Dist. 2005) plaintiff alleged that she suffered injuries during a functional capacity evaluation. Plaintiff’s allegations against defendant, Maximum Rehabilitation Services, were couched primarily in terms of Maximum’s failure to properly instruct, supervise and train its employees.