Publications

Articles on Immunity

Absolute immunity for child reps

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.

Retaliatory-discharge claim against town not time-barred by Tort Immunity Act

October
2011
Illinois Law Update
Page 496
On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).

Legal Immunities for Local Governments in Public Health Emergencies

By Christina Marie Webb
June
2010
Article
Page 314
A brief review of immunities available to local governments, governmental employees, and volunteers if they're sued for conduct arising from public health emergencies.

The Snow and Ice Removal Act does not provide immunity for injuries sustained on driveways

April
2010
Illinois Law Update
Page 180
On January 27, 2010, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Lake County, which granted the defendants' motion to dismiss the plaintiff's complaint.

Absolute immunity applies to protect police officers from tort liability

May
2009
Illinois Law Update
Page 226
On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).

In Defense of the Citizen Participation Act

By Adam Schwartz
March
2009
Column
Page 114

Retalitory discharge: local governments not immune under Workers’ Comp Act

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
 Public employees can sue for being fired in retaliation for filing a workers' comp claim, the Illinois Supreme Court holds.

No discretionary immunity for retaliatory discharge of employee

June
2008
Illinois Law Update
Page 284
On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.

Correspondence from Our Readers

November
2007
Column
Page 566
 Anti-SLAPP law gives "unwarranted protection".

Local public entity immune from retaliatory discharge claim

August
2007
Illinois Law Update
Page 404
On June 6, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Lake County dismissing Gregory Smith's retaliatory discharge complaint against the Waukegan Park District. 

No governmental immunity for hazardous recreational activity

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
The tort immunity act offers no blanket immunity for trampolining and other hazardous recreational activities, the high court rules.

Parent companies more vulnerable to suit for subsidiaries’ torts

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.

The Incredible Expanding/Shrinking Right of Children to Sue “Parents”

By Jeffrey J. Kroll and Sean P. Driscoll
February
2007
Article
Page 86
Illinois courts are giving immunity to more types of parents on the one hand as they create exceptions to the parental immunity doctrine on the other.

One-year limitation period in Tort Immunity Act applies to personal injury actions against local public entities

February
2005
Illinois Law Update
Page 68
On November 18, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's dismissal of the plaintiff's personal injury action. 

Judicial Ping-Pong

By James E. Pfander
December
2004
Column
Page 652
A new law allows more discrimination claims against the state.

Correspondence from Our Readers

August
2004
Column
Page 386
Hall v Henn – the "court had no alternative"

Reporting Child Abuse and Neglect: Good Faith Immunity for Health Care Providers

By Theodore R. LeBlang
July
2004
Article
Page 356
A look at how recent cases have construed the nature and scope of the immunity.

Hall v Henn discourages neighborliness, critics say

By Helen W. Gunnarsson
June
2004
LawPulse
Page 286
Critics fear that the supreme court's interpretation of an immunity statute will discourage landowners from making their property available to others.

Where the source of a state employee’s breached duty is his or her status as a professional, rather than his or her employment by the state, sovereign immunity will not attach.

June
2004
Illinois Law Update
Page 292
On March 18, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the trial court's grant of summary judgment to the defendants on the basis of sovereign immunity. 

2003 Illinois Supreme Court Civil Cases: Fees and Family Law, “No” to Immunity, and More

By Nancy J. Arnold and Tim Eaton
April
2004
Article
Page 180
A look at last year's leading supreme court civil cases.

Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation

December
2003
Illinois Law Update
Page 600
On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 

§3-106 of the Tort Immunity Act is not an absolute shield from liability.

November
2003
Illinois Law Update
Page 550
On August 21, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts granting summary judgment in favor of the defendants.

State Lawsuit Immunity Act opens Illinois to lawsuits from state employees

By Helen W. Gunnarsson
October
2003
LawPulse
Page 486
The new law, which allows state employees to bring race, age, and other discrimination suits, has claimants' lawyers cheering.

The State may not discriminately select when to grant use immunity when doing so would prevent the defendant from fully and meaningfully presenting his defense

October
2003
Illinois Law Update
Page 492
On July 11, 2003, the Appellate Court of Illinois, Third District, vacated the order of the Circuit Court of LaSalle County denying the defendant's motion to suppress evidence.

Statute of limitations expands under Local Governmental Tort Immunity Act P.A. 93-0011

August
2003
Illinois Law Update
Page 384
A recent amendment to the Local Governmental and Governmental Employees Tort Immunity Act allows for the commencement of an action for damages for injury or death against any local public entity or public employee.

Avoiding Tort Immunity Pitfalls

By Edward W. McNabola
June
2003
Article
Page 284
An overview of the challenges to litigants posed by the governmental tort immunity statute.

The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In

By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan
April
2003
Article
Page 172
Our annual review of the leading cases.

Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810

December
2002
Illinois Law Update
Page 634
Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.

Local Governmental and Governmental Employees Tort Immunity Act shields school district from liability when shop teacher makes discretionary policy determination involving safety of saw

October
2002
Illinois Law Update
Page 512
On August 14, 2002, the Appellate Court of Illinois, Fourth District, affirmed the holding of the circuit court of Vermilion County, and held that the school district was shielded from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Act), 745 ILCS 10/2-201.

The Physician as Good Samaritan: Evolving Legal Protections Under Illinois Law

By Theodore R. LeBlang
October
2002
Article
Page 522
A review of the statutory and case law shielding physicians who provide medical care in emergencies.

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