Publications

Articles on Tort Law

Retaliatory demotion and constructive retaliatory discharge causes of action not recognized under Illinois law

August
1999
Illinois Law Update
Page 406
On June 17, 1999, the first district of the Illinois Appellate Court upheld the trial court's dismissal of plaintiffs' complaint for failure to state a claim on which relief could be granted.

“Same Part of the Body Rule” Revised: Admissibility of Prior Injuries in PI Cases

By Hon. Barbara A. McDonald
August
1999
Article
Page 414
A critical look at recent cases modifying the rule that allows admission of prior injuries to the same part of the plaintiff's body.

Exclusion of Damage-Reducing Evidence in Injury Litigation

By Roy C. Dripps
July
1999
Article
Page 368
Here's how to exclude evidence that would tend to lessen damages if admitted.

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

Maximizing Damages in Soft-Tissue Injury Cases

By Jeffrey J. Knoll
July
1999
Article
Page 378
Proving damages in soft-tissue cases can be difficult. This article offers tips.

The amendment to the Nursing Home Care Act that repeals the right to treble damages applies retroactively to pending cases.

June
1999
Illinois Law Update
Page 304
On April 15, 1999, the Illinois Supreme Court affirmed the appellate court and trial court, and held that the amendment to the Nursing Home Care Act (``Act'') (210 ILCS 45/3-602 (West 1996)) should be applied retroactively to prohibit the recovery of treble damages from a licensee to a facility resident.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

Monitoring E-mail in the Workplace: Employee Privacy and Employer Liability

By Patrice S. Arend and Kathleen M. Holper
June
1999
Article
Page 314
A look at issues that arise when employers monitor employee e-mail, and suggestions for developing a workplace e-mail policy.

Bungee-jumping business operating within view of highway owes no duty of care to passing motorists.

May
1999
Illinois Law Update
Page 244
On March 19, 1999, the first district affirmed the holding of the Circuit Court of Cook County in this case, holding that the defendant owed no duty of care to passing motorists who may become distracted by the activities of its business.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

The Lawyer’s Journal

By Bonnie McGrath
April
1999
Column
Page 186
Offer, acceptance, consideration, and criminal law.

Advising Employers About Wrongful Discharge Under Illinois Contract and Tort Law

By David E. Krchak
March
1999
Article
Page 160
A primer on wrongful discharge, with an emphasis on employee handbooks and retaliatory discharge.

An attorney discharged by his law firm employer has no remedy of an action for retaliatory discharge

March
1999
Illinois Law Update
Page 130
On December 31, 1998, the Illinois Supreme Court reversed the appellate court and circuit court, and answered a certified question by the circuit court, holding that a licensed attorney employed by a law firm cannot maintain a cause of action for retaliatory discharge.

Disclosure of one’s credit card debts to a spouse does not satisfy the publicity element essential to an invasion of privacy claim

March
1999
Illinois Law Update
Page 130
On January 4, 1999, the first district of the Illinois Appellate Court affirmed the holding of the Circuit Court of Cook County, finding that the plaintiff had not satisfied his invasion of privacy claim.

The Lawyer’s Journal

By Bonnie McGrath
February
1999
Column
Page 70
No retaliatory discharge claims for whistle-blowing lawyers...

Suing Your Pet Iguana: Equitable Apportionment, Indivisible Injury, and Comparative Fault

By Gordon R. Broom and Robert J. Evola
January
1999
Article
Page 28
The authors lament the confusion caused by courts' applying two conflicting theories of comparative fault: equitable apportionment and indivisible injury.

The Lawyer’s Journal

By Bonnie McGrath
December
1998
Column
Page 658
RICO and privacy and fraud (and family law), oh my!

A railway company does not owe a trespasser a duty of ordinary care, only a duty to refrain from engaging in willful and wanton conduct.

December
1998
Illinois Law Update
Page 662
On October 8, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that plaintiff, Charles Reid, was not a permissive user of the railway tracks owned by the defendant, Norfolk & Western Railway Company (N & W).

Settlement Allocations, Set-Offs and the Inequitable Apportionment of Damages

By John J. Meehan
December
1998
Article
Page 674
Under Illinois law, non-settling defendants can be unfairly deprived of their set-offs, this author asserts.

Attorney’s fees appropriately awarded in frivolous traffic accident complaint alleging that the defendant had not taken appropriate preventative actions when stopped at a red light

November
1998
Illinois Law Update
Page 596
On September 8, 1998, the second district of the Illinois Appellate Court affirmed the trial court's imposition of sanctions, under Supreme Court Rule 137 (155 Ill 2d R 137), against the appellant, the law firm of Parrillo, Weiss & O'Halloran, for filing a frivolous complaint.

Lawyer Liability in Illinois and the Restatement of the Law Governing Lawyers

By Peter A. Monahan and Patricia M. Noonan
November
1998
Article
Page 606
Here's how this soon-to-be published Restatement is likely to affect lawyer malpractice liability in Illinois.

Malpractice and the Moorman Doctrine’s “Exception of the Month”

By Mark C. Friedlander and Andrea B. Friedlander
November
1998
Article
Page 600
The Illinois Supreme Court has found that the economic loss doctrine bars tort malpractice claims against some professionals but not others. But where to draw the line...?

Punitive Damages Under the Illinois Sales Representative Act

By Leonard A. Nelson
November
1998
Article
Page 622
Courts have misconstrued the ISRA to plaintiffs' detriment, this author argues.

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