Publications

Articles on Tort Law

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.

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.

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