Illinois Bar Journal


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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.