Publications

Articles on Tort Law

There is Ample Sunshine Already

By Gregory C. Ray
March
2004
Article
Page 139
The Illinois House has passed, and the Senate is considering, a bill that would limit the power of the parties and the court to bar access to information in litigation involving "public hazards." 

The Downsizing, then Supersizing of Medicare’s Super Lien

By Fred Johnson
January
2004
Article
Page 40
A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.

New law makes it easier to investigate workplace misconduct

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
Employers are no longer required to get an alleged wrongdoer's consent to hire an outside firm to conduct an investigation of alleged misconduct on the job.

Posner to hoteliers: don’t let the bedbugs bite

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
A leading conservative jurist makes a statement about punitive damages and pest control.

Website is immune from suit for defamation where it only posts links to information published by third parties.

January
2004
Illinois Law Update
Page 16
On October 28, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County dismissing the plaintiff's defamation complaint.

Actions for intentional infliction of emotional distress based upon conduct occurring in the martial setting will be recognized

December
2003
Illinois Law Update
Page 600
On September 18, 2003, the Illinois Supreme Court affirmed the judgment of the fifth district appellate court, which held that the plaintiff could maintain a cause of action for intentional infliction of emotional distress caused by her ex-husband's pattern of abusive treatment during their marriage.

Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation

December
2003
Illinois Law Update
Page 600
On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 

Insuring Against Insolvent Insurers: The Illinois Insurance Guaranty Fund

By Marlene A. Kurilla and Melissa A. King
November
2003
Article
Page 560
Which insurers are covered and which are not? What's a "covered claim"? Find out how the fund works.

Neglecting Mandatory Asbestos Reinspections Could Lead to Liability for Schools

By Craig T. Liljestrand
November
2003
Article
Page 571
A review of the Asbestos Hazard Emergency Response Act's mandatory reinspection requirements.

Return of the Petrillo doctrine for hospital defendants

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Beginning next year, a new law will once again ban ex parte conversations between a hospital's lawyers and a plaintiff's treating physicians.

§3-106 of the Tort Immunity Act is not an absolute shield from liability.

November
2003
Illinois Law Update
Page 550
On August 21, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts granting summary judgment in favor of the defendants.

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 m

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.

Pages

Select a Different Subject