Publications

Articles on Damages

Analytical framework announced in Kolstad v American Dental Association must govern determination of punitive damages under Title VII

April
2001
Illinois Law Update
Page 170
On February 2, 2001, the seventh circuit held that the district court failed to properly analyze an employee's request for reinstatement to his job, and erred in its analysis of the employee's claim for punitive damages.

“Compensatory damages” in section 9-102 of the Tort Immunity Act does not include attorney fees against municipalities

April
2001
Illinois Law Update
Page 170
On February 16, 2001, the Illinois Supreme Court responded to the question of whether § 9-102 of the Illinois Tort Immunity Act permits the recovery of attorney fees against municipalities within its definition of compensatory damages.

De minimus nature of defect in sidewalk is not sufficient reason to grant summary judgment when injury was reasonably foreseeable

November
2000
Illinois Law Update
Page 624
On September 1, 2000, the second district of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant, Old Kent Bank, on Harris' claim of negligence for injuries she sustained after tripping and falling on the sidewalk upon exiting the bank.

Recovering Costs in Illinois Civil Actions

By Matthew R. Henderson and Andrew R. Schwartz
September
2000
Article
Page 504
A review of the authority for recovery of costs; the authors argue for a less restrictive rule.

The Case for Making Pre-Impact Fear Compensable in Survival Actions

By Jeffrey J. Kroll
August
2000
Article
Page 462
The author argues that Illinois should follow other states and make pre-impact fear compensable.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

Zen and the Art of Motorcycle-Injury Litigation

By Thomas M. Harris
July
2000
Article
Page 409
Don't treat your motorcycle-injury suit like just another automobile case.

Civil Penalties Under the Illinois Environmental Protection Act

By Patrick D. Shaw
June
2000
Article
Page 344
A survey of the law governing whether and what penalties are appropriate under the IEPA.

An Overview of Illinois Nursing Home Litigation

By Stephen C. Buser and Harriet H. Hamilton
June
2000
Article
Page 316
A practice-oriented review of Illinois and federal statutes and cases governing nursing home lawsuits.

Pressure-Sore Litigation: An Overview

By Paul W. Johnson and Veronica L. Armouti
June
2000
Article
Page 336
An exploration of the legal and medical issues raised by pressure sores in the nursing home setting.

Siderail Use and Legal Liability in Illinois Nursing Homes

By June A. Braun and Elizabeth Capezuti
June
2000
Article
Page 324
The authors argue that routine use of bed siderails is neither good for patients nor effective defensive medicine.

Internet Torts and Cyberspace Insurance: New Issues for the E-conomy

By Adam H. Fleischer
May
2000
Article
Page 268
A review of new Internet-based theories of liability and the insurance-coverage issues raised by them.

Plaintiff’s negligence in railroad accident does not prevent finding of negligence of defendant

March
2000
Illinois Law Update
Page 128
On December 22, 1999, the Second District Appellate Court overruled the summary judgment granted to the defendants by the circuit court of McHenry County.

When a client filed a malpractice counterclaim against his former lawyer, the client did not waive its attorney-client privilege with respect to relevant documents in the possession of the client’s new attorney

March
2000
Illinois Law Update
Page 128
In 1986, the defendants, Van Straaten Gallery, Inc., hired the plaintiff to draft contracts that would limit the liability that the defendants owed to consignment artists at their gallery.

Defendant who permitted recreational public use of its lands owed no duty of care

February
2000
Illinois Law Update
Page 68
On December 2, 1999, the Illinois Supreme Court affirmed the appellate court’s holding that Universities Research Association, Inc., was not liable for injuries suffered by plaintiff Donald Fraser.

Kolstad v American Dental Association: Punitive Damages Under Title VII

By David B. Ritter
January
2000
Article
Page 36
After Kolstad, employee-plaintiffs seeking punitive damages need only prove that the employer intentionally discriminated, not that the conduct was egregious.

The Lawyer’s Journal

By Bonnie McGrath
January
2000
Column
Page 10
Losing the right to a jury trial — is it malpractice?

Correspondence from Our Readers

December
1999
Column
Page 626
Discovery and computer data.

A duty to mitigate damages may require more than simply maintaining employment

November
1999
Illinois Law Update
Page 575
On September 20, 1999, the Court of Appeals for the Seventh Circuit affirmed the district court's denial of back pay to Junerous Cook when the city of Chicago failed to abide by the terms of a consent decree.

Correspondence from Our Readers

October
1999
Column
Page 510
No "apportion[ment] between preexisting conditions and a defendant's wrongful act''?

“Same Part of the Body Rule” Revised: Admissibility of Prior Injuries in PI Cases

By Hon. Barbara A. McDonald
August
1999
Article
Page 414
A critical look at recent cases modifying the rule that allows admission of prior injuries to the same part of the plaintiff's body.

Exclusion of Damage-Reducing Evidence in Injury Litigation

By Roy C. Dripps
July
1999
Article
Page 368
Here's how to exclude evidence that would tend to lessen damages if admitted.

Maximizing Damages in Soft-Tissue Injury Cases

By Jeffrey J. Knoll
July
1999
Article
Page 378
Proving damages in soft-tissue cases can be difficult. This article offers tips.

The amendment to the Nursing Home Care Act that repeals the right to treble damages applies retroactively to pending cases.

June
1999
Illinois Law Update
Page 304
On April 15, 1999, the Illinois Supreme Court affirmed the appellate court and trial court, and held that the amendment to the Nursing Home Care Act (``Act'') (210 ILCS 45/3-602 (West 1996)) should be applied retroactively to prohibit the recovery of treble damages from a licensee to a facility resident.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

A physician’s lien may be valid despite technical deficiencies, and in a claim for conversion a jury may award punitive damages

December
1998
Illinois Law Update
Page 662
On October 1, 1998, the Illinois Supreme Court affirmed the appellate court's holding that the physician's lien was valid despite technical deficiencies.

Settlement Allocations, Set-Offs and the Inequitable Apportionment of Damages

By John J. Meehan
December
1998
Article
Page 674
Under Illinois law, non-settling defendants can be unfairly deprived of their set-offs, this author asserts.

Malpractice and the Moorman Doctrine’s “Exception of the Month”

By Mark C. Friedlander and Andrea B. Friedlander
November
1998
Article
Page 600
The Illinois Supreme Court has found that the economic loss doctrine bars tort malpractice claims against some professionals but not others. But where to draw the line...?

Punitive Damages Under the Illinois Sales Representative Act

By Leonard A. Nelson
November
1998
Article
Page 622
Courts have misconstrued the ISRA to plaintiffs' detriment, this author argues.

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