Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2015 Articles

The admissibility of prior convictions in civil proceedings By Thomas F. Tobin, III July 2015 A summary of the requirements under Illinois evidence rules and Illinois case law for admitting prior convictions, and a look at the effect that the type of crime and the type of witness has on the admissibility of prior convictions.
An alternative approach in Illinois for dealing with the United States Supreme Court decision in U.S. Airways v. McCutchen as applied to ERISA claims for reimbursement By Michael J. Marovich June 2015 Based on the McCutchen ruling, plaintiff attorneys must become more diligent in reviewing an ERISA plan’s actual reimbursement language.
Be (A)ware of Medicare Advantage By Patricia A. Zimmer March 2015 It may appear to the unwary that this is plain old, run of the mill health insurance. It is not.
Editor’s note By John L. Nisivaco September 2015 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco August 2015 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco July 2015 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco June 2015 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco April 2015 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco March 2015 An introduction to the issue from Editor John Nisivaco.
Examination of the distraction exception to the open and obvious rule and the recent Supreme Court decision in Bruns v. City of Centralia By Ronald W. Kalish June 2015 The recent Supreme Court decision of Bruns v. City of Centralia reminds us that getting your case to trial on the facts is not a forgone conclusion.
Federal Tort Claims Act: How medical providers fall under the Act, the expansion of individuals covered by the Act and curing a failure to exhaust administrative remedies prior to filing suit By Joshua A. Humbrecht April 2015 It is easy to appreciate that your postman is an employee of the federal government and therefore covered under the FTCA. Yet, there are a vast number of medical professionals that fall under the FTCA even though not specifically enumerated in the definition contained in the Act.
Illinois Evidence Rule 406 and the admissibility of habit evidence for the individual plaintiff or defendant By Nicholas T. Motherway March 2015 Can the prior acts of an individual rise to the level of being a habit and be introduced as evidence under Illinois Evidence Rule 406?
The “intended and permitted” pedestrian and §3-102(a) of the Tort Immunity Act By Michael Hartigan March 2015 The First District recently addressed the issue of whether a municipality owes a duty to a pedestrian forced to walk upon the street due to an unnatural accumulation of snow created by the municipality’s snow removal efforts.
IPI 5.01: The Missing Witness Instruction By Brian Murphy July 2015 A discussion of this sometimes confusing instruction.
Landlord immunity … Not so fast! By Stephen I. Lane August 2015 While many landlords and many cases may very well come under the Landlord Immunity protections, many do not, and it is important for both counsel and courts to know the difference.
A primer on professionalism By Lyndsay Markley September 2015 The author shares several of the lessons she's learned about maintaining professionalism in the law.
Recent legislation regarding settlements By John R. Bailen September 2015 The new legislation pertains to any “personal injury, property damage, wrongful death, or tort action involving a claim for money damages.
Think asbestos bankruptcy trusts equals easy money? Think again! By Martin J. Mengarelli August 2015 To maximize a claim against a bankruptcy trust, it must be worked up like any other defendant in a personal injury suit.
What does a personal injury plaintiff have to plead to seek punitive damages against a drunk driver? By Sean C. Burke April 2015 The opinion in Farris v. Sullivan sets out several of the steps that a plaintiff’s attorney should follow before seeking punitive damages against a drunk driver who has injured someone in a collision.
Wrongful death actions: The statute of limitations for a legally disabled plaintiff By Julie Klein & Brian LaCien September 2015 Looking to Illinois precedent and a recent case in the Northern District of Illinois, this article discusses whether the statute of limitations will bar a legally disabled plaintiff from filing an otherwise untimely claim under the Wrongful Death Act.