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Tort LawThe newsletter of the ISBA’s Section on Tort Law

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Newsletter articles from 2011

Colella v. JMS: A good review of evidentiary issues, jury instructions and damages at trial By Dennis M. Lynch and Matthew M. Gannon May 2011 A look at the case of Colella v. JMS Trucking Co. of Ill., Inc., 403 Ill.App.3d 82 (1st Dist. 2010).
Editor’s note By John L. Nisivaco October 2011 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco May 2011 An introduction to the issue from editor John Nisivaco.
Editor’s note By John L. Nisivaco April 2011 An introduction to the issue from Editor John L. Nisivaco.
Editor’s note By John L. Nisivaco March 2011 An introduction to the issue from Editor John Nisivaco.
The effect of Iqbal v. Ashcroft in the Seventh Circuit By Patricia A. Zimmer May 2011 This case puts to rest the prior standard, that a complaint will not be dismissed pursuant to 12(b)(6) “unless it appears beyond doubt that plaintiff can prove no set of facts.”
Illinois Supreme Court holds that no punitive damages are allowed for survival action in violation of Nursing Home Act case By Stephen C. Buser October 2011 The Illinois Supreme Court made it clear in Vincent v. Alden-Park Strathmoor that it was up to the Illinois legislature and not the Illinois judicial system to determine whether punitive damages should be available for violations of the Act in actions based on the Survival Act.
Look before you leap: A primer on fees allowed when taking over a contingent fee case By Ronald W. Kalish March 2011 Depending on how much time and effort the original attorney has put into the case, you may not receive a sufficient percentage to justify the time and risk of working on the case.
A primer on deposing a Rule 215 medical examiner By John L. Nisivaco October 2011 Preparation tips for deposing an expert witness.
Removal and remand: A primer By Albert E. Durkin March 2011 A defendant can petition to remove a state court claim to a court of federal jurisdiction if the case could have originally been brought in a federal court or in certain circumstances upon the federal court’s discretion.
Revisiting remittitur By Stacey Lynch April 2011 While remittitur is a useful tool when used correctly, if it's used incorrectly it has financial and constitutional implications.
Shared interest negotiation By Hon. Bruno J. Tassone April 2011 Principled negotiation is simply a common sense method to decide issues on their merits rather than through a contest of will power.