Publications

Articles on Immunity

The Tort Immunity Anomaly: Failure to Properly Examine or Diagnose

By Michael P. Cogan
September
2002
Article
Page 476
The author argues that county health-care employees should not be immunized for failure to properly diagnose -- as opposed to treat -- illness.

Nonprofit hospital and clinic conducted private sector-type operations and were operated privately, and therefore were not immune from suit under the Tort Immunity Act

April
2002
Illinois Law Update
Page 176
On February 7, 2002, the Illinois Supreme Court affirmed the appellate court holding that a nonprofit hospital and nonprofit clinic did not conduct "public business," and therefore, neither one was a "local public entity" under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-206.

Nonprofit hospitals not “public entities” under the Tort Immunity Act

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
According to a recent Illinois Supreme Court ruling, most nonprofit hospitals are not immune from liability under the Tort Immunity Act, and plaintiffs have two years, not one, to bring malpractice suits against them.

School district immune from suit when exercising policymaking decisions under Tort Immunity Act

December
2001
Illinois Law Update
Page 624
On October 18, 2001, the Illinois Supreme Court reversed the appellate court, holding that a school district enjoys immunity under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201, when a principal's actions fall under the policymaking provisions of the Act.

Illinois Constitution prohibits insertion of “corrupt or malicious motives” exception into the Tort Immunity Act

August
2001
Illinois Law Update
Page 398
On June 21, 2001, the Illinois Supreme Court reversed the lower court's holding that the common-law "corrupt or malicious motives" exception limited the immunity granted by the Tort Immunity Act, 745 ILCS 10/1-101 et seq, and that the village could be held liable in quasi-contract.

Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception

By David Stevens
June
2001
Article
Page 296
The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.

“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.

Illinois Supreme Court 2000: The Last Work of the Court as We Knew It

By Nancy J. Arnold and Tim Eaton
April
2001
Article
Page 174
The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.

Officer’s immunity defense depends on the reasonableness of his conduct

February
2001
Illinois Law Update
Page 60
On December 8, 2000, the seventh circuit court of appeals reversed the district court's decision to set aside the jury's verdict in favor of Victor and Tre McNair, two brothers who had instituted a claim of excessive force against Officer Sean Coffey in violation of the Fourth Amendment.

Taxes levied under the Tort Immunity Act cannot be used to fund school district’s attempt to remedy desegregation

December
2000
Illinois Law Update
Page 690
On October 26, 2000, the Supreme Court of Illinois affirmed the judgment of the appellate court which held that article IX of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/9-101, et seq.) did not authorize the use of real estate taxes to fund equitable remedies ordered by the court.

Emergency Medical Services Systems Act does not provide immunity to city of Chicago when employees engage in willful and wanton misconduct

October
2000
Illinois Law Update
Page 563
On August 10, 2000, the Illinois Supreme Court held that the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/1 through 33 (West 1994)) does not provide immunity to city-employed paramedics who engage in wanton and willful misconduct.

Public and appellate defenders once again granted immunity — P.A. 91-877

September
2000
Illinois Law Update
Page 500
Public and appellate defenders and those who contract for their services are once again immune from legal and professional malpractice claims under a new Illinois law.

County hospital and employees immune from liability for failure to diagnose breast cancer

August
2000
Illinois Law Update
Page 438
On June 15, 2000, the Illinois Supreme Court affirmed the lower court's grant of summary judgment to the defendants under the Local Government and Governmental Employees Tort Immunity Act (the Act) (745 ILCS 10/1-101 et seq. (West 1992)).

Correspondence from Our Readers

July
2000
Column
Page 370
Escape Alden restrictions by crossing the border?  

States may not be sued under ADA in private action in federal court

June
2000
Illinois Law Update
Page 310
On March 27, 2000, a divided panel of the seventh circuit court of appeals held that a university employee could not maintain a private cause of action against her state employer to enforce the Americans with Disabilities Act, 42 USC § 12111-12117 (ADA).

Correspondence from Our Readers

May
2000
Column
Page 246
Flood-of-PD-lawsuits prediction all wet?

States as Defendants in Employment Litigation: Beyond Alden v Maine

By James P. Hanlon and James J. Powers
May
2000
Article
Page 280
The authors discuss how Alden—which holds that Congress can't subject states to private suits for money damages in state court—may affect future employment ligitation.

The Lawyer’s Journal

By Bonnie C. McGrath
March
2000
Column
Page 124
Public defenders and legal malpractice; lawyers can commit UPL; and more.

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.

The Lawyer’s Journal

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

In malpractice action against local governmental entities, one-year limitation period of Tort Immunity Act applies

December
1999
Illinois Law Update
Page 636
On October 21, 1999, the Illinois Supreme Court affirmed the judgment of the appellate court that the one-year limitation period in the Tort Immunity Act (745 ILCS 10/8-101 et seq (West 1996)).

Recreational Property and Injuries: “Playing” with Governmental Tort Immunity

By W. Bradley Colwell
December
1999
Article
Page 654
The trend, according to this author, is to expand the range of property deemed recreational and thus to expand immunity.

The Lawyer’s Journal

By Bonnie McGrath
October
1999
Column
Page 514
Insurance policies and the discovery rule; read the fine print.

Governmental Tort Immunity Narrowed by Expansion of ``Willfull and Wanton Conduct” Exception; PA 90-805

March
1999
Illinois Law Update
Page 130
Public Act 90-805 broadens the "willful and wanton conduct'' exception to the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq (1998).

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