Articles on Tort

High-low, high-low, it’s off to court we go! The basics of high-low agreements By Hon. Clare E. McWilliams Tort Law, May 2019 It is best strategically to keep the channels of settlement discussion open, from the motions in limine phase of the trial through jury deliberation, even if the other side is taking a “no settlement, no demand, no offer” position.
A strategy to address the phantom causation defense in light of Campbell v. Autenrieb By Ronald Kalish Tort Law, May 2019 The court in Campbell v. Autenrieb held the trial court erred in admitting unsupported evidence on cross-examination regarding potential alternative causes of plaintiff’s injuries. 
Failure to follow UIM policy results in a loss of coverage By Michelle Kohut & Daniel Lynch Tort Law, January 2019 A summary of Allstate Insurance Co. v. Mack, in which the court held that the defendant was entitled to declaratory judgment because plaintiff breached the UIM policy provisions by failing to provide signed HIPAA authorizations and submitting to an examination under oath.
Case Review: Barrett v. FA Group, LLC, et al. By Jason Schutte Tort Law, October 2018 An summary of Barrett v. FA Group, LLC, et al., in which the court determined whether a shoe sticking in asphalt and darkness are circumstances sufficient to defeat summary judgment.
Case Review: Doe v. Coe By Albert E. Durkin Tort Law, October 2018 The appellate court ruled in Jane Doe v. Chad Coe, et al. that strict compliance with Supreme Court Rule 191(a) is mandatory and failure to attach documents relied upon in support of a 191(a) affidavit is fatal.
Case review: Giles v. Park By Leslie J. Rosen Tort Law, October 2018 The first district held in Giles v. Park that a decedent’s personal representative must file claims under the Illinois Nursing Home Act and/or Survival Act within two years of the negligent act, even if the decedent was rendered disabled by the injury.

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