Publications

Illinois Bar Journal

 

Subject IndexTitle IndexAuthor Index

Articles on Tort Law

Little-noted Illinois Civil Rights Act takes effect January 1 By Helen W. Gunnarsson October 2003 LawPulse, Page 486 Among other things, the new law allows attorney-fee awards to prevailing claimants.
Statute of limitations expands under Local Governmental Tort Immunity Act P.A. 93-0011 August 2003 Illinois Law Update, Page 384 A recent amendment to the Local Governmental and Governmental Employees Tort Immunity Act allows for the commencement of an action for damages for injury or death against any local public entity or public employee.
For whom the statute tolls By Helen W. Gunnarsson July 2003 LawPulse, Page 326 When does a statute of limitations begin to run for a cause of action held by a deceased minor? Surprisingly, Illinois courts of review have never answered the question.
Avoiding Tort Immunity Pitfalls By Edward W. McNabola June 2003 Article, Page 284 An overview of the challenges to litigants posed by the governmental tort immunity statute.
Once plaintiff litigated her damages and received full recovery from one defendant, she could not pursue her case against second defendant for same indivisible injuries June 2003 Illinois Law Update, Page 280 On March 20, 2003, the Illinois Supreme Court held that the plaintiff could not maintain her negligence action against a second defendant after she had already collected full damages from a first defendant.
Post-Sale Duties to Warn, Recall, and Retrofit Defective Products in Illinois By Stephanie A. Scharf and Thomas P. Monroe June 2003 Article, Page 298 Bucking the national trend, Illinois courts have refused to recognize the duty.
Changing the Nature of Illinois Class Actions By Kathleen R. Richards and Jeffrey L. Dunn May 2003 Article, Page 230 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the defense lawyer's take on the change.
How Great Will the Impact Really Be? By Judy L. Cates May 2003 Article, Page 231 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the plaintiff's lawyer's take on the change.
Plaintiff asserting private right of action for personal injury under Nursing Home Care Act does not have to attach certificate and report under section 2-622 of Code of Civil Procedure May 2003 Illinois Law Update, Page 226 On February 21, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a plaintiff asserting a private right of action under the Nursing Home Care Act, 210 ILCS 45/1-101.
The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Premises liability for off-road riding facilities P.A. 92-0857 April 2003 Illinois Law Update, Page 168 Recent amendments to the Premises Liability Act outline liability guidelines for off-road riding facilities.
Correspondence from Our Readers March 2003 Column, Page 106 More on file retention.
Section 6-16(c) of Illinois Liquor Control Act of 1934, which subjects individual to criminal liability for allowing persons under 21 to leave his or her residence after consuming alcohol, is unconstitutionally vague on its face March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court affirmed the circuit court and held that section 6-16(c) of the Liquor Control Act of 1934, 235 ILCS 5/6-16(c), was unconstitutionally vague on its face.
Maximizing Your Client’s Recovery Under the Federal Tort Claims Act By Thomas A. Kantas February 2003 Article, Page 76 An FTCA provision limits awards to the amount presented in the claim. This article explains how to get the most for your client.
Must Med-Mal Plaintiffs File Section 2-622 Certificates of Merit in Federal Court By Robert P. Vogt February 2003 Article, Page 72 Some courts say yes, some say no. The author argues that certificates of merit should be required in federal court.
Plaintiff’s complaint against firearm manufacturers, distributors and dealers for creation and maintenance of public nuisance states viable cause of action February 2003 Illinois Law Update, Page 62 On November 4, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County dismissing the plaintiff's second amended complaint for failure to state a cause of action.
For claim of intentional infliction of emotional distress against former spouse, specific conduct alleged in complaint must be judged within context of marital setting; continuing-tort theory is applicable in this type of action; boilerplate language in marital settlement agreement only releases parties’ liability for claims specifically listed December 2002 Illinois Law Update, Page 634 On September 18, 2002, the Appellate Court of Illinois, Fifth District, reviewed three certified questions from the circuit court of Jefferson County and remanded the cause for further proceedings.
Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810 December 2002 Illinois Law Update, Page 634 Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.
Recovering Damages for Fetal Pain and Suffering By Barry David and Barth Howard Goldberg December 2002 Article, Page 661 The authors argue that parents are entitled to recover for an unborn child's pain and suffering.
Expert testimony on airbag sensor system admissible if supported by proper foundation November 2002 Illinois Law Update, Page 584 On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.
Local Governmental and Governmental Employees Tort Immunity Act shields school district from liability when shop teacher makes discretionary policy determination involving safety of saw October 2002 Illinois Law Update, Page 512 On August 14, 2002, the Appellate Court of Illinois, Fourth District, affirmed the holding of the circuit court of Vermilion County, and held that the school district was shielded from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Act), 745 ILCS 10/2-201.
Understanding the “Scheme to Defraud” Exception to Promissory Fraud in Illinois By Roger L. Price and Mark L. Johnson October 2002 Article, Page 536 The exception has generated a confusing body of case law; the authors propose a way to reconcile the decisions.
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.
Jumping on a trampoline poses open and obvious risks so there is no duty to warn August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, and concluded that it was proper to enter summary judgment on behalf of the defendants in this product liability case.
The Changing Contours of the Illinois Tort of Negligent Misrepresentation By Matthew Sheynes July 2002 Article, Page 362 Since the introduction of the Moorman doctrine, the pleading requirements for negligent misrepresentation have grown complicated. Here's a tour of the new legal landscape.
Learned intermediary doctrine does not apply to relieve pharmacy of duty to warn that the drug prescribed was contraindicated for individuals with patient’s allergies June 2002 Illinois Law Update, Page 288 On March 21, 2002, the Illinois Supreme Court affirmed the judgment of the appellate court in ruling that a pharmacy owed a duty to warn either its customer or her physician that a nonsteroidal anti-inflammatory drug prescribed to her was contraindicated for a person with her allergies and that the learned intermediary doctrine did not apply to relieve a pharmacy of such duty to warn.
Pre- and post-delivery negligence allegations are part of a continuous series of events that meet the requirement for an identity in causes of action to dismiss suit under res judicata June 2002 Illinois Law Update, Page 288 On April 3, 2002, the Appellate Court of Illinois, Second District, concluded that the plaintiff's suit was barred by the doctrine of res judicata because there was an identity of the causes of action in plaintiff's prior and present suits.
Supreme Court Review 2001: Getting to Know the New Court By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan May 2002 Article, Page 236 A look at the first year's output of the newly reconstituted supreme court.
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.