Subject Index Tort Law

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.

When the doctor is the patient - and a med-mal defendant

By Helen W. Gunnarsson
August
2006
LawPulse
, Page 398
Should a defendant-doctor's medical records be available to a plaintiff who alleges that the doctor's poor health caused him to deliver substandard care?

Campground operator has no duty to warn of naturally accumulating walnuts

July
2006
Illinois Law Update
, Page 334
On April 19, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Whiteside County, granting summary judgment to the defendant campground owner because she had neither a duty to keep the campground clear of fallen walnuts nor a duty to warn patrons of the danger posed by such walnuts.

In Defense of Bulger v CTA

By Anthony Longo
May
2006
Article
, Page 254
A defense lawyer applauds the Bulger court's finding that evidence of subsequent remedial measures is inadmissible

Railroad operator liable for injury to frequent trespasser

May
2006
Illinois Law Update
, Page 230
On March 10, 2006, the Illinois Appellate Court, First District, answered two certified questions posed by the Circuit Court of Cook County, regarding the liability of a railroad company to a trespasser. 

When supplying a title commitment, title insurers are not liable for economic loss or negligent misrepresentation

April
2006
Illinois Law Update
, Page 174
On January 20, 2006, the Illinois Supreme Court affirmed the decision of both the Illinois Appellate Court, First District, and the Circuit Court of Cook County, granting the defendant's motion to dismiss with prejudice.

Danger lurks in p.i. confidentiality clauses

By Helen W. Gunnarsson
March
2006
LawPulse
, Page 110
A recent case – involving none other than Dennis Rodman – holds that plaintiffs must pay tax on the portion of a settlement award deemed payment to a p.i. client for his or her silence.

Trial Lawyers’ Top Opinions of 2005

By Hon. James P. Flannery Jr.
March
2006
Article
, Page 122
From pre-trial notice requirements to spoliation of evidence, 2005 produced an array of Illinois cases of special interest to the trial bar.

A big win for Big Tobacco

By Helen W. Gunnarsson
February
2006
LawPulse
, Page 62
The Illinois Supreme Court barred plaintiffs' class action claim and overturned a $10-plus billion award against Philip Morris. But experts doubt the case will have much precedential power outside Illinois.

Don’t Let the Open-and-Obvious “Distraction” Exception Swallow the Rule

By Beth C. Boggs & Douglas B. Keane
November
2005
Article
, Page 578
The authors argue that some courts have unwisely expanded the"distraction"exception to the rule barring recovery for injury causedby an open and obvious danger.

Consumer expectations used to determine if product unreasonably dangerous

October
2005
Illinois Law Update
, Page 506
On June 30, 2005, the Illinois Appellate Court, First District, affirmed in part and reversed in part the decision of the Circuit Court of Cook County granting summary judgment in favor of the defendant.

Supremes: defendants on the hook for undiscounted medical bills

By Helen W. Gunnarsson
September
2005
LawPulse
, Page 438
The Illinois Supreme Court upheld the third district's ruling that personal injury defendants may be liable for a plaintiff's original medical bill, not the lower amount negotiated by his or her insurer.

Medical Malpractice and the Tort System in Illinois

By Neil Vidmar
July
2005
Article
, Page 340
According to an ISBA-commissioned report, the increase in doctors' liability insurance premiums apparently has not been caused by runaway juries.

Correspondence from Our Readers

June
2005
Column
, Page 270
An Impartial Look at Tort Reform?

General Contractors’ Liability for Injury to Subcontractors’ Workers: A Confusing Construct

By G. Grant Dixon III
May
2005
Article
, Page 248
How much control must general contractors in Illinois exercise over a workplace to make them liable for injuries to a subcontractor's workers? A look at the conflicting cases.

An Honest Look at Tort Reform

By Ole Bly Pace III
April
2005
Column
, Page 160
ISBA has commissioned an unbiased study of the relationship between malpractice litigation and insurance rates.

Proposed Rule 225: Does Illinois Need a New Class-Action Rule?

By Justice Michael B. Hyman, Carol V. Gilden, Melinda J. Morales, Adam J. Levitt, Michael A. Pope, & Steven F. Pflaum
April
2005
Article
, Page 202
Proponents say Rule 225 would stop class-action abuse; Opponents say it isn't needed.  

Maximizing Punitive Damages after BMW and State Farm: A Trial Lawyer’s Guide

By Peter S. Stamatis & Alexander T. Muhtaris
March
2005
Article
, Page 112
Despite rumors to the contrary, the U.S. Supreme Court has not ruled punitive damages unconstitutional. Here's how to make the most of your cases.

Hospital and HMO Liability for Contract Physician Malpractice: An Update

By Robert J. Napleton
February
2005
Article
, Page 88
This article offers a trial lawyers' perspective on how the apparent agency doctrine has evolved since Gilbert v Sycamore Municipal Hospital

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. 

Apportioning Liability in Third-Party Cases: Recent Issues

By Elliot R. Schiff
January
2005
Article
, Page 38
The author recommends that nonparties, settling defendants, and plaintiffs not be considered when apportioning liability.

Challenging the Medical Studies Act’s Peer-Review Privilege

By Judy L. Cates
November
2004
Article
, Page 582
A plaintiff's-eye view of this important limit on discovery in med-mal cases.

Clients not liable for lawyers’ intentional torts

By Helen W. Gunnarsson
October
2004
LawPulse
, Page 508
The Illinois Supreme Court holds that clients are not liable for lawyers' intentional torts unless they authorized, directed, or ratified the lawyers' conduct.

Legal protection for mothers who breastfeed P.A. 093-0942

October
2004
Illinois Law Update
, Page 514
A mother now has a private right of action if she is denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship.

Using No-Reliance Clauses to Prevent Fraud-in-the-Inducement Claims

By Joseph Wylie
October
2004
Article
, Page 536
Plaintiffs are using fraud-in-the-inducement theory to turn breach-of-contract allegations into tort claims. A new case gives defendants a way to fight back.

Defendants liable for undiscounted hospital bills, appellate court rules

By Helen W. Gunnarsson
August
2004
LawPulse
, Page 390
The third district appellate court ruled early this year that a plaintiff is entitled to the amount of a hospital's undiscounted bill, not a lower amount negotiated by the plaintiff's insurance carrier.

For purposes of imposing vicarious liability, unless it can be shown that a client directed, controlled, authorized, or ratified the alleged misconduct, an attorney’s alleged tortious conduct may not be imputed to a client

August
2004
Illinois Law Update
, Page 398
On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the defendants. 

Injuries sustained by the plaintiff, a passenger in a private vehicle that was struck by an intoxicated driver as it sped through a red light on its way to the hospital, were not proximately caused by the city’s refusal to send an ambulance

August
2004
Illinois Law Update
, Page 398
On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the City of Chicago.

The Open and Obvious Doctrine and Landowner Liability: The Rule and the Exceptions

By Jennifer E. Simms
July
2004
Article
, Page 352
A discussion of the doctrine, its exception, and its applicability to children.

Dawdy and the Future of Intrastate Forum Non Conveniens in Illinois

By Jill E. Adams
May
2004
Article
, Page 246
In Dawdy, the court ruled that a "forum shopping" paintiff deserves little deference. Will the decision lead to a rise in forum non conveniens litigation?

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