Publications

Articles on Damages

Correspondence from Our Readers

October
2007
Column
Page 506
Animal law and the ISBA; dogs and damages; KSR and patenting legal techniques  

Amendments to damages law for wrongful death suits. PA 095-0003

August
2007
Illinois Law Update
Page 404
The Illinois General Assembly has amended Section 2 of the Wrongful Death Act, 740 ILCS 80/2. 

Mental suffering now compensable in wrongful death cases

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.

Collateral source rule and med bills - plaintiff’s, defense bar each win one

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
Two districts of the appellate court construe Arthur v Catour, holding that plaintiffs can recover only what Medicare and Medicaid paid the provider - not the larger, undiscounted amount billed - and allowing a physician's expert testimony that a medical bill was reasonable.

Liquidated Damages: The Forgotten Remedy in Noncompete Disputes

By Kenneth J. Vanko
May
2007
Article
Page 254
Damages are often difficult to prove in unfair competition cases. Liquidated damages clauses can provide an effective - and efficient - remedy.

Land Surveyor Liability to Third Parties in Illinois

By Richard F. Bales
March
2007
Article
Page 136
The land surveyor made a mistake - what are the damages? The defenses? Who can recover? This article explores those questions from the plaintiffs' and defense perspectives.

Lawsuit challenges med-mal caps

By Helen W. Gunnarsson
January
2007
LawPulse
Page 8
The suit, filed in Cook County, argues that the statute violates the separation of powers, is impermissible special legislation, and suffers from other constitutional infirmities.

Illinois supremes: legal malpractice plaintiffs can’t recover lost punitives

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
Successful legal malpractice plaintiffs may not recover punitive damages they would have once but for the defendant lawyers' malpractice, the high court ruled earlier this summer.

Legal malpractice claims are not valid unless plaintiff suffered actual monetary damages

December
2005
Illinois Law Update
Page 622
On September 22, 2005, the Illinois Supreme Court reversed the judgment of the Illinois Appellate Court, First District.

No recovery of economic losses for negligent design

December
2005
Illinois Law Update
Page 622
On September 26, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County dis-missing the plaintiff-homeowners' architectural malpractice action against the architect and architectural firm. 

Supremes: defendants on the hook for undiscounted medical bills

By Helen W. Gunnarsson
September
2005
LawPulse
Page 438
The Illinois Supreme Court upheld the third district's ruling that personal injury defendants may be liable for a plaintiff's original medical bill, not the lower amount negotiated by his or her insurer.

Maximizing Punitive Damages after BMW and State Farm: A Trial Lawyer’s Guide

By Peter S. Stamatis and Alexander T. Muhtaris
March
2005
Article
Page 112
Despite rumors to the contrary, the U.S. Supreme Court has not ruled punitive damages unconstitutional. Here's how to make the most of your cases.

Apportioning Liability in Third-Party Cases: Recent Issues

By Elliot R. Schiff
January
2005
Article
Page 38
The author recommends that nonparties, settling defendants, and plaintiffs not be considered when apportioning liability.

Defendants liable for undiscounted hospital bills, appellate court rules

By Helen W. Gunnarsson
August
2004
LawPulse
Page 390
The third district appellate court ruled early this year that a plaintiff is entitled to the amount of a hospital's undiscounted bill, not a lower amount negotiated by the plaintiff's insurance carrier.

Comparative fault principles apply under the Illinois Domestic Animals Running at Large Act; entry of additur is appropriate where the jury’s verdict is legally inconsistent and inadequate because of failure to consider a specific item.

June
2004
Illinois Law Update
Page 292
On March 2, 2004, the Fifth District Appellate Court affirmed the judgment of the Circuit Court of Jasper County, entering an additur for the plaintiff's claimed medical expenses and affirmed the jury verdict for plaintiff motorist. 

Parent may not claim loss of consortium damages for a child’s nonfatal injuries

April
2004
Illinois Law Update
Page 176
On January 23, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' dismissal of Count III of the plaintiffs' complaint. 

Posner to hoteliers: don’t let the bedbugs bite

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
A leading conservative jurist makes a statement about punitive damages and pest control.

Recovering Damages for Wrongfully Issued Injunctions in Illinois

By John J. D’Attomo
January
2004
Article
Page 34
The court issue a TRO against your client without notice and based on a frivolous theory. What can you do?

Legislature Protects Whistleblowers Against Retaliation and Provides for Recovery of Damages P.A. 93-0544

November
2003
Illinois Law Update
Page 550
Employers (excluding governmental entities) are now prohibited from making, adopting or enforcing any rule, regulation or policy that prevents an employee from disclosing information to a government or law enforcement agency if that employee reasonably believes the information discloses a violation of a state or federal law.

The Structured Settlement Protection Act helps judges say “no”

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.

Once plaintiff litigated her damages and received full recovery from one defendant, she could not pursue her case against second defendant for same indivisible injuries

June
2003
Illinois Law Update
Page 280
On March 20, 2003, the Illinois Supreme Court held that the plaintiff could not maintain her negligence action against a second defendant after she had already collected full damages from a first defendant.

County must pay judgment against sheriff

By Helen W. Gunnarsson
May
2003
LawPulse
Page 220
The Illinois Supreme Court recently held that a county must pay judgments entered against a sheriff's office acting in an official capacity.

Code of Civil Procedure § 2-1117 can limit defendant’s several liability to only nonmedical damages even if plaintiff’s employer exempt from liability under Workers’ Compensation Act

February
2003
Illinois Law Update
Page 62
On November 21, 2002, the Illinois Supreme Court held that the appellate court properly applied § 2-1117 of the Code of Civil Procedure, 735 ILCS 5/2-1117.

Legislation allows victims of financial identity theft and aggravated financial identity theft to recover in civil action from convicted defendant P.A. 92-0686

February
2003
Illinois Law Update
Page 62
On July 16, 2002, Gov. George H. Ryan signed into law House Bill 5934.

Recovering Damages for Fetal Pain and Suffering

By Barry David and Barth Howard Goldberg
December
2002
Article
Page 661
The authors argue that parents are entitled to recover for an unborn child's pain and suffering.

Future injuries; the high court charts a new course

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
When the Illinois Supreme Court held that plaintiffs can be compensated for the risk of future injury, it departed from precedent and followed the trend.

Correspondence from Our Readers

October
2001
Column
Page 506
Moorman memories.  

The Moorman Doctrine Today: A Look at Illinois’ Economic-Loss Rule

By Hon. Sheldon Gardner and Matthew Sheynes
August
2001
Article
Page 406
The doctrine, which precludes tort recovery for purely economic damages, was supposed to reduce the tension between contract and tort law. But has it?

A Moorman-Doctrine Exception for Design Professionals and Construction Managers?

By Peter J. Bedard
August
2001
Article
Page 412
Has the Illinois Appellate Court opened the door to one? Maybe.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2001
Column
Page 282
Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.

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