Subject Index Tort Law

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.

No wrongful death action for abortion to protect mother’s health

By Helen W. Gunnarsson
June
2008
LawPulse
, Page 278
If an injured mother aborts an uninjured fetus to protect her own health, she can't recover for the wrongful death of the unborn child, the Illinois Supreme Court rules.

Sexual injury limitation period amended. PA 095-0589

May
2008
Illinois Law Update
, Page 236
The Code of Civil Procedure has been amended by the addition of section 13-202.3. 735 ILCS 5/13-202.3. 

Use of Leased Land Act. PA 095-0603

April
2008
Illinois Law Update
, Page 180
The General Assembly has created the State of Illinois Recreational Use of Leased Land Act. 

Successor Liability in Illinois

By George W. Kuney
March
2008
Article
, Page 148
Find out when creditors and tort victims can sue the buyer of a business for the debts and torts of the seller.

No duty to warn, Illinois high court holds

By Helen W. Gunnarsson
November
2007
LawPulse
, Page 570
The 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.

Admitted negligent acts properly presented to jury when relevant and necessary to plaintiff’s case

August
2007
Illinois Law Update
, Page 404
On June 7, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of Jackson County allowing Michael Rath to present evidence of Carbondale Nursing and Rehabilitation Center's negligence despite the nursing home's admission of certain acts of negligence.

Amendments to damages law for wrongful death suits. PA 095-0003

August
2007
Illinois Law Update
, Page 404
The Illinois General Assembly has amended Section 2 of the Wrongful Death Act, 740 ILCS 80/2. 

Judicial estoppel not applied to change in legal conclusion

August
2007
Illinois Law Update
, Page 404
On June 7, 2007, the Illinois Appellate Court, Second District, reversed the Circuit Court of Lake County's grant of summary judgment in favor of defendants Richard Sandore and Associates for Women's Health.

Mental suffering now compensable in wrongful death cases

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.

Asked and Answered

July
2007
Column
, Page 375
Can small p.i. firms compete with bigger ones?

Helping Business Owners Avoid Personal Liability

By Markus May
June
2007
Article
, Page 310
A recent case describes how business owners should run their companies as separate entities to avoid being held personally liable.

Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings

By James T. Nyeste
May
2007
Article
, Page 244
Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 

The Learned Intermediary Doctrine and Pharmaceutical Company Liability

By Stephen R. Kaufmann & Jason D. Johnson
April
2007
Article
, Page 202
The learned intermediary doctrine is strong armor against liability for pharmaceutical companies. But it's not without chinks.

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.

Supremes - the risk-utility test applies despite open, obvious dangers

By Helen W. Gunnarsson
April
2007
LawPulse
, Page 170
In a victory for consumers, the Illinois Supreme Court upheld the use of the "risk-utility" test in a product liability suit based on an item with open and obvious dangers.

Hospital not liable for off-duty worker’s disclosure of patient info

By Helen W. Gunnarsson
March
2007
LawPulse
, Page 118
The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.

“Innocent construction” libel rule - still standing but battered

By Helen W. Gunnarsson
March
2007
LawPulse
, Page 118
The Illinois Supreme Court refused to abandon the rule in Tuite v Corbitt but overturned the trial and appellate courts who applied it in dismissing the plaintiff's case.

Land Surveyor Liability to Third Parties in Illinois

By Richard F. Bales
March
2007
Article
, Page 136
The 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.

State Law Tort Claims - A New Weapon in Employment Discrimination Cases?

By Eugene K. Hollander
March
2007
Article
, Page 146
A recent seventh circuit case bucked convention and allowed a state tort claim in an employment discrimination action.

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

By Jeffrey J. Kroll & 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.

Mass tort personal injury cases generally not suitable for class action

February
2007
Illinois Law Update
, Page 72
On November 30, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Fifth District, and the Circuit Court of Perry County, both of which improperly certified a class of plaintiffs. 

Insurers and Recovering the Cost of Defending Insureds: Illinois’ Restrictive Approach

By Alan J. Brinkmeier & John D. Dalton
January
2007
Article
, Page 42
The tough Illinois standard could be bad for policyholders as well as insurance companies, these defense lawyers argue.

Lawsuit challenges med-mal caps

By Helen W. Gunnarsson
January
2007
LawPulse
, Page 8
The suit, filed in Cook County, argues that the statute violates the separation of powers, is impermissible special legislation, and suffers from other constitutional infirmities.

Employers’ Tort Liability for Employees’ Injuries: A Primer

By Jennifer E. Simms
November
2006
Article
, Page 602
An overview of the interplay between the workers' comp and contribution statutes and the cases interpreting them.

Fraudulent concealment keeps legal malpractice defendants on the hook

By Helen W. Gunnarsson
November
2006
LawPulse
, Page 578
A tortfeaser who fraudulently conceals a legal malpractice cause of action can be sued even after the statute of repose has run, the supreme court held last month. 

Illinois supremes: legal malpractice plaintiffs can’t recover lost punitives

By Helen W. Gunnarsson
September
2006
LawPulse
, Page 458
Successful legal malpractice plaintiffs may not recover punitive damages they would have once but for the defendant lawyers' malpractice, the high court ruled earlier this summer.

Supreme court to streetside restaurants: keep patrons out of harm’s way

By Helen W. Gunnarsson
September
2006
LawPulse
, Page 458
In Marshall v Burger King, the Illinois Supreme Court ruled that public businesses abutting the street have a duty to protect invitees from dangerous drivers.

The Illinois Supreme Court and the “Fair Report” Privilege: A Free-Press Victory

By Michael M. Conway, Mona G. Thakkar, & Katherine Licup
August
2006
Article
, Page 414
Reporters who accurately report accusations made as part of a government proceeding are protected from defamation suits.

Select a Different Subject