Subject Index Tort Law

Mechanics Liens and Slander of Title: The Case for Absolute Privilege

By Michael G. Cortina
May
2004
Article
, Page 267
The author argues that mechanics-lien filers are protected from slander of title claims by the privilege for statements made during litigation.

Cause of action recognized for negligent issuance of a life insurance policy based upon the proposed insured’s lack of knowledge and consent to the policy

April
2004
Illinois Law Update
, Page 176
On January 23, 2004, the Illinois Supreme Court affirmed the judgment of the appellate court, which reversed the circuit court's grant of the defendant's motion to dismiss.

Parent may not claim loss of consortium damages for a child’s nonfatal injuries

April
2004
Illinois Law Update
, Page 176
On January 23, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' dismissal of Count III of the plaintiffs' complaint. 

Application of the audit interference doctrine in the accounting malpractice context is consistent with general tort principles and Illinois common law.

March
2004
Illinois Law Update
, Page 124
On December 18, 2003, the Illinois Supreme Court affirmed the trial and appellate courts' application of the "audit interference" doctrine, limiting consideration of the plaintiff's comparative negligence to instances in which it contributed to the accountant's failure to properly perform an audit. 

Life after “Same Part of the Body”: An Update on Admissibility of Prior Injuries

By Joseph G. Feehan
March
2004
Article
, Page 146
A review of recent case law governing admissibility of prior and subsequent medical conditions in injury cases.

“Sunshine in Litigation” Legislation: Boon or Bane?

By Martin J. Healy Jr. & David P. Huber
March
2004
Article
, Page 138
Proponents argue that the "sunshine" proposal before the General Assembly promotes public safety, while opponents charge that it puts trade secrets at risk.

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 & 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 & 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 & 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, & 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.

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