Publications

Articles on Tort Law

“They’re Bad-Mouthing the Business”: Suing for Defamation and Related Claims on Behalf of a Corporation and its Officers

By Joseph J. Siprut
October
2010
Article
Page 528
Your business client wants you to respond to lies told by competitors or others. What now? This article reviews the options.

Failure to appoint an administrator before filing a wrongful-death action is not fatal to the cause of action

September
2010
Illinois Law Update
Page 452
On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.

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September
2010
Column
Page 442
Exception for commercial fraud not warranted; Two exceptions to the doctrine of election

Getting What’s Due: Prejudgment Interest in Illinois

By Adam N. Hirsch
August
2010
Article
Page 412
The accrued interest on your client's damage award can add up to real money. This article explains how to get it.

A murder conviction is no longer needed for application of the “slayer statute”

July
2010
Illinois Law Update
Page 348
On April 29, 2010, the Appellate Court of Illinois, Fourth District, upheld a decision of the Circuit Court of Macon County finding that the "slayer statute" prevents an individual deemed insane for criminal purposes, but nevertheless cognizant of murdering a person, from receiving any property, benefit or other interest he may have received by a death he caused.

Any settlement between a plaintiff and a defendant/ agent must also extinguish the principal’s vicarious liability

June
2010
Illinois Law Update
Page 292
On March 19, 2010, the Appellate Court of Illinois, First District, affirmed the decision of the Circuit Court of Cook County, granting the defendant's motion to dismiss an entire action stemming from a car accident, on the basis that the settlement between the plaintiff and the agent extinguished the alleged vicarious liability claims against the other named defendant.

The Case for a Narrow Commercial Fraud Exception to the Moorman Doctrine

By Travis J. Quick
June
2010
Article
Page 318
Society is best served by requiring the parties - typically sophisticated business buyers and sellers - to bargain for contract protection, the author argues.

Illinois Interscholastic Association protected from defamation claims. PA 096-0723

June
2010
Illinois Law Update
Page 292
Illinois lawmakers passed a bill protecting Interscholastic Associations from certain civil liabilities. According to the Interscholastic Association Defamation Act, associations with the purpose of "promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics" are immune from defamation claims, with the exception of claims involving actual malice.

Judicial Versus Legislative Authority after Lebron

By Professor Jeffrey A. Parness
June
2010
Column
Page 324
The med-mal caps ruling continues the age-old battle over separation of powers.

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 common-fund doctrine applies to hospital liens

May
2010
Illinois Law Update
Page 236
On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.

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.

Sports Injuries: High Liability Standard for Nonparticipants

By Ray Rossi
April
2010
Article
Page 200
In Illinois, nonparticipants (e.g., coaches and refs) in sporting events who cause injuries are liable only if their misconduct is at least willful and wanton.

Analyzing Occurrences in Insurance Coverage Cases: The Cause Theory After Addison v Fay

By Ross B. Edwards
March
2010
Article
Page 152
When does an incident involving multiple parts or parties constitute only a single "occurrence" for insurance-coverage purposes? Read what the Illinois Supreme Court said recently.

Clarifications made to the contact sports exception to negligence claims

March
2010
Illinois Law Update
Page 128
On 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.

Illinois Supreme Court: statutory med-mal caps are unconstitutional

By Helen W. Gunnarsson
March
2010
LawPulse
Page 122
By overriding juries' findings and judicial oversight over them, the caps law violated the separation of powers, the court ruled.

Tort Law Resources for Illinois Practitioners

By Tom Gaylord
March
2010
Column
Page 156
Illinois tort law gets the full treatment in secondary sources.

Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims

February
2010
Illinois Law Update
Page 72
On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.

Federal courts have jurisdiction over legal malpractice claims in patent infringement cases

January
2010
Illinois Law Update
Page 16
On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts. 

Medicare and Future Medical Expenses: Does the “Super Lien” Apply?

By Bradford J. Peterson
January
2010
Article
Page 26
It's common to accommodate Medicare liens in personal injury liability claims. But must litigants also protect Medicare from future medical expenses? The author explores the issue.

Defendants may owe a duty of care to a child injured on a treadmill

December
2009
Illinois Law Update
Page 604
On September 30, 2009, the Illinois Appellate Court, First District, reversed and remanded the order of the Circuit Court of Cook County, granting summary judgment in favor of the defendants, holding that a genuine issue of material fact existed as to whether a treadmill poses an open and obvious danger to a child.

Daniels v Corrigan: Compliance with the law Does not establish agency

By Justin Lee Heather
November
2009
Article
Page 580
This article analyzes the first district's rejection of a plaintiff's assertion that a cab driver was the agent of the cab company.

Power company has a duty to respond to a downed power line with due care

November
2009
Illinois Law Update
Page 552
On 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.

Supreme Court: No “transferred negligence” between husband and wife

By Helen W. Gunnarsson
November
2009
LawPulse
Page 546
As a consequence, a woman's estate can't sue those who provided health care to her husband, who killed her.

The Duty to WARN Against Serious Injury: Can Plaintiffs Successfully Challenge Illinos’ Tough Standard?

By Eugene I. Pavalon and Harry C. Lee
October
2009
Article
Page 518
The authors argue that the Restatement of Torts may offer a way for plaintiffs to argue for a more expansive duty of defendants to warn.

The Overlooked Art of Redirect Examination

By Jeffrey J. Kroll and Patrick White
August
2009
Article
Page 406
Redirect examination is a powerful weapon for litigators, but it can backfire on those who forget its central purpose - to rehabilitate witnesses.

A property owner has a duty to provide a safe means of ingress and egress only for areas clearly designated for such purposes

August
2009
Illinois Law Update
Page 392
On May 29, 2009, the Illinois Appellate Court, Third District, affirmed the Circuit Court of Warren County's grant of summary judgment for the defendant after the plaintiff fell and injured himself on the defendant's property and sued defendant. 

When one is injured twice in the same body part, the injuries are not automatically indivisible when apportioning liability

August
2009
Illinois Law Update
Page 392
On May 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County ordering one of two defendants involved in two separate car accidents with the injured plaintiff to pay one half the total verdict, after the other defendant settled. 

CTA notice requirement eliminated

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
Plaintiff’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 of careful habits has no bearing for the element of proximate cause

July
2009
Illinois Law Update
Page 336
On April 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County granting summary judgment for the defendants. 

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