The Challenge of Proving Negligent Spoliation in IllinoisBy Joseph K. NicheleSeptember 2016Article, Page 32It's hard for plaintiffs to plead and prove claims for negligent spoliation of evidence. Here's why it's important - and difficult - for plaintiffs to establish a duty to preserve evidence.
Clarifications made to the contact sports exception to negligence claimsMarch 2010Illinois Law Update, Page 128On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.
Power company has a duty to respond to a downed power line with due careNovember 2009Illinois Law Update, Page 552On August 27, 2009, the Illinois Appellate Court, Fourth District, reversed and remanded the grant of summary judgment by the Circuit Court of Cook County in favor of the defendant power company, finding that there was a genuine issue of material fact as to whether defendant breached its duty to the plaintiff to respond to a downed power line with due care.
CTA notice requirement eliminatedBy Helen W. GunnarssonJuly 2009LawPulse, Page 330Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.
Evidence is insufficient to prove negligence if the conclusion is merely possibleJune 2009Illinois Law Update, Page 284On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.
Victory for defendants in asbestos caseBy Helen W. GunnarssonJune 2009LawPulse, Page 278The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.
A veterinary standard of careBy Helen W. GunnarssonJuly 2008LawPulse, Page 334The court makes explicit that veterinarians are "skilled" practitioners of a "profession or trade" and thus owe a duty of care.
No duty to warn, Illinois high court holdsBy Helen W. GunnarssonNovember 2007LawPulse, Page 570The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.
Land Surveyor Liability to Third Parties in IllinoisBy Richard F. BalesMarch 2007Article, Page 136The 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.